Muslim Arbitration Tribunal Explained

Muslim Arbitration Tribunal
Formation:2007
Purpose:to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Law.[1]
Headquarters:Hijaz Manor, Watling Street, Nuneaton, CV11 6BE
Region Served:UK
Leader Name:Faiz-ul-Aqtab Siddiqi

The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England. It is one of a range of services (Islamic Sharia Council is another) for Muslims who wish to resolve disputes without recourse to the courts system.[2] According to Machteld Zee, the MAT differs from other Sharia councils in that their ‘core business’ is arbitrating commercial disputes under the Arbitration Act 1996.[3]

The tribunals were set up by lawyer Faiz-ul-Aqtab Siddiqi and operate in London, Bradford, Manchester, Birmingham and Nuneaton. Two more were originally planned for Glasgow and Edinburgh.[4] Rulings can be enforced in England and Wales by both the County Courts and the High Court. The media have described a system of Islamic Sharia courts which have the power to rule in civil cases.[4] As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[4]

Legality and powers

The MAT operates under Section 1 of the Arbitration Act which states that: “the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”.[5] As such it operates within the framework of English law and does not constitute a separate Islamic legal system. Under the Act they are deemed to be "arbitration tribunals".[4]

The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[5] [6] A talaq can be granted to recognise divorce.[5] A sharia marriage has no bearing on personal status under UK law.[7] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.

Criticism and controversy

Former MP Dominic Grieve has stated: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so."[4]

An e-petition to the UK government to prohibit and criminalise sharia courts received over 15,000 signatures. The government issued a response, stating that sharia rulings are only permitted if legal under UK law.[8]

See also

References

  1. Web site: Muslim Arbitration Tribunal. matribunal.com. 6 September 2015. https://web.archive.org/web/20150912095309/http://www.matribunal.com/. 2015-09-12. live.
  2. "30 councils were identified [...] certain small councils based in local community Mosques or local organisations had been missed" Bano, Samia.(2002-10-02) "An exploratory study of Shariah councils in England with respect to family law." p15.
  3. Web site: Zee. Machteld. What happens at Sharia councils? Part Three: The Muslim Arbitration Tribunal. Leiden Law Blog. 6 September 2015. August 17, 2013.
  4. News: Revealed: UK's first official sharia courts. https://web.archive.org/web/20150527034713/http://www.thesundaytimes.co.uk/sto/Migration/article235989.ece . dead . May 27, 2015 . Times Online . 2008-09-14 . 2010-01-04 . London . Abul . Taher.
  5. News: Rozenberg . Joshua . What can sharia courts do in Britain? . Telegraph . 2008-09-14 . 2010-01-04 . London . https://web.archive.org/web/20090427073058/http://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/2957692/What-can-sharia-courts-do-in-Britain.html . 2009-04-27 . live .
  6. "Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid." Web site: Divorce. www.ukba.homeoffice.gov.uk. UK Border Agency. 25 April 2013. https://web.archive.org/web/20121007004105/http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/divorce?view=Binary. 2012-10-07. live.
  7. "To get married in an Anglican church, contact your local church [...] For all other marriages or civil partnerships you must give notice at your local register office." Web site: Marriages and civil partnerships in the UK. gov.uk. UK Government Digital Service. 25 April 2013. https://web.archive.org/web/20130320200828/https://www.gov.uk/marriages-civil-partnerships. 2013-03-20. live.
  8. Web site: Ban all sharia law in the u.k - e-petitions . 2013-09-02 . https://web.archive.org/web/20130914080933/http://epetitions.direct.gov.uk/petitions/48352 . 2013-09-14 . live .

External links