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Muslim Arbitration Tribunal
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. 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. 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. 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. As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours. Legality a ...
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Alternative Dispute Resolution
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system. Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type like mediation, before permitting the parties' cases to be tried (indeed the European Mediation Directive (2008) expressly contemplates so-called "compulsory" mediation. This means that attendance is compulsory, not that settlement must be reached through mediation). Additionally, parties to merger and ...
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Glasgow
Glasgow ( ; sco, Glesca or ; gd, Glaschu ) is the most populous city in Scotland and the fourth-most populous city in the United Kingdom, as well as being the 27th largest city by population in Europe. In 2020, it had an estimated population of 635,640. Straddling the border between historic Lanarkshire and Renfrewshire, the city now forms the Glasgow City Council area, one of the 32 council areas of Scotland, and is governed by Glasgow City Council. It is situated on the River Clyde in the country's West Central Lowlands. Glasgow has the largest economy in Scotland and the third-highest GDP per capita of any city in the UK. Glasgow's major cultural institutions – the Burrell Collection, Kelvingrove Art Gallery and Museum, the Royal Conservatoire of Scotland, the Royal Scottish National Orchestra, Scottish Ballet and Scottish Opera – enjoy international reputations. The city was the European Capital of Culture in 1990 and is notable for its architecture, cult ...
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Sharia In Europe
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the Five Pillars of Islam, religious precepts of Islam and is based on the Islamic holy books, sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God in Islam, God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the Principles of Islamic jurisprudence, theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with "customary law, customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or b ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application (Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes are ...
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Dominic Grieve
Dominic Charles Roberts Grieve (born 24 May 1956) is a British barrister and former politician who served as Shadow Home Secretary from 2008 to 2009 and Attorney General for England and Wales from 2010 to 2014. He served as the Member of Parliament (MP) for Beaconsfield from 1997 to 2019 and was the Chair of the Intelligence and Security Committee from 2015 to 2019. Grieve attended the Cabinet as Attorney General for England and Wales and Advocate General for Northern Ireland from May 2010 to July 2014. He was dismissed as Attorney General by Prime Minister David Cameron as part of the 2014 Cabinet reshuffle, and was replaced by Jeremy Wright. Elected as a Conservative, Grieve had the Conservative whip removed in the September 2019 suspension of rebel Conservative MPs. He unsuccessfully stood as an independent candidate in Beaconsfield at the 2019 general election. A liberal conservative, Grieve was a central figure on Brexit and frequently used his experience as a lawyer ...
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Divorce (Islamic)
Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife. The main traditional legal categories are ''talaq'' ( repudiation), ''khulʿ'' (mutual divorce or ransom divorce) Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. In modern times, as personal status (family) laws have been codified, they generally have remained "within the orbit of Islamic law", but control over the norms of divorce shifted from traditional jurists to the state. Quranic principles According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. The relationship between the spouses should ideally be based on love (''mawadda wa rahma'', 30:21) and important decisions concerning both ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ...
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Edinburgh
Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of the Firth of Forth. Edinburgh is Scotland's List of towns and cities in Scotland by population, second-most populous city, after Glasgow, and the List of cities in the United Kingdom, seventh-most populous city in the United Kingdom. Recognised as the capital of Scotland since at least the 15th century, Edinburgh is the seat of the Scottish Government, the Scottish Parliament and the Courts of Scotland, highest courts in Scotland. The city's Holyrood Palace, Palace of Holyroodhouse is the official residence of the Monarchy of the United Kingdom, British monarchy in Scotland. The city has long been a centre of education, particularly in the fields of medicine, Scots law, Scottish law, literature, philosophy, the sc ...
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Nuneaton
Nuneaton ( ) is a market town in the borough of Nuneaton and Bedworth in northern Warwickshire, England, close to the county border with Leicestershire and West Midlands County.OS Explorer Map 232 : Nuneaton & Tamworth: (1:25 000) : Nuneaton's population at the 2021 census was 94,634, an increase from 86,552 at the 2011 census making it the largest town in Warwickshire. The author George Eliot was born on a farm on the Arbury Estate just outside Nuneaton in 1819 and lived in the town for much of her early life. Her novel ''Scenes of Clerical Life'' (1858) depicts Nuneaton. There is a hospital named after her, The George Eliot Hospital. There is also a statue of George Eliot in the town centre. History Early history Nuneaton was originally an Anglo-Saxon settlement known as 'Etone' or 'Eaton', which translates literally as 'settlement by water', referring to the River Anker. 'Etone' was listed in the Domesday Book as a small farming settlement with a population of around 1 ...
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Arbitration Act 1996
The Arbitration Act 1996c 23 is an Act of Parliament which regulates arbitration proceedings within the jurisdiction of England and Wales and Northern Ireland. The 1996 Act only applies to parts of the United Kingdom. In Scotland, the Arbitration (Scotland) Act 2010 provides a modern statutory framework for domestic and international arbitration. Overview England and Wales is one of the very few developed jurisdictions in the world which has consciously elected not to follow the UNCITRAL Model Law on International Commercial Arbitration. This is a position which has been subject to criticism. General duty of the tribunal The Act mandates that the general duty of the arbitral tribunal is to: # act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting his case and dealing with that of his opponent, and # adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide ...
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