4 July 2016
Today, an
unprecedented number of women's rights campaigners and
organisations from Britain and internationally have
submitted a letter
to the Home Secretary raising serious concerns
about the government's
'independent review' into Sharia courts in Britain.
The letter states that the limited scope of inquiry and its
inappropriate theological approach will do nothing to
address the discriminatory effect and intent of the courts
on private and family matters: areas where, arguably, the
greatest human rights violations of minority women in the UK
take place.
Rather
than taking a human rights approach, the government has
constituted a panel and terms of reference more suited to a
discussion in theology than one which serves the needs of
victims whose human rights are violated. By
making these religious appointments, the government has lost
a vital opportunity to examine the discriminatory nature of
not only Sharia bodies but all forms of religious
arbitration fora including the Batei Din.
The panel
chair, Mona Siddiqui, for example, is herself a
theologian. One of the scholars, Sayed
Ali Abbas Razawi, is the joint secretary for Majlis
Ulama-e-Shia, which sends delegations to the Islamic
Republic of Iran. In his sermons, he has supported the death
penalty in Islamic states, advised Muslims to go into
government “and change the system” and says
women dressed in "tight clothing" are
"corrupted". Another scholar, Qari
Muhammad Asim, speaks of "men retain[ing] their
wives in marriage" and sees women in relation to their
male guardian: "Each women is someone’s mother,
daughter, sister or wife". He also trivialises violence
against women by saying "women as well as men can be
victims of domestic abuse".
Both
scholars advising the panel are on Imams Online. Khola
Hasan, a judge at the Islamic Sharia Council, is a
contributing editor to Imam Online. Clearly, Imams and
Islamic scholars cannot investigate themselves.
"Women
and Sharia Law: The Impact of Legal Pluralism in the
UK" by Elham Manea published in May
2016 documents the harmful and even life
threatening consequences for vulnerable minority women in
matters pertaining to the
family. Testimonials gathered
by campaigners highlight some of the emotional, mental and
physical effects of the courts on women and children.
The
women’s rights campaigners are calling on the Home
Secretary to establish a thorough and impartial judge-led
human rights investigation, which will fully examine
arbitration in family matters and whether violations of
human rights are condoned or even promoted by Sharia bodies.
Some examples are: women's testimony being worth half that
of a man's, marital rape, sexual violence and domestic
abuse, the age of consent, guardianship, forced marriage,
honour based violence, ritual abuse, child custody and child
protection, polygamy, divorce, sexuality, inheritance,
inter-religious relationships, female dress codes and
abortion. Broader issues such as the treatment of religious
minorities including minority sects in Islam and decisions
pertaining to apostasy and blasphemy must also be examined
to understand the full range of threats faced by people
affected by religious laws, and indeed, by the State
promoting these laws.
The law
and not religion is the key basis for securing justice for
all citizens. Campaigners urge the government to do the
right thing and ensure that the same principles of human
rights, equality before the law, duty of care, due diligence
and the rule of law are applicable to all British
citizens.
NOTES:
1. On
Sharia Council and Muslim Arbitration Tribunals: Frequently
Asked Questions and Answers.
2. Video
footage of a 30 April conference
on Sharia Law, Legal Pluralism and Access to
Justice with author Elham Manea and other women's
rights campaigners.
4. For
more information, please contact:
Gina Khan
and Maryam Namazie
One Law for All
onelawforall@gmail.com
077 1916 6731
@GinaKhanUK
@MaryamNamazie
One Law for All
onelawforall@gmail.com
077 1916 6731
@GinaKhanUK
@MaryamNamazie