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The Muslim Arbitration Tribunal is a form of
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 ...
which operates under the
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 Arbitrat ...
which is available in England. It is one of a range of services (
Islamic Sharia Council The Islamic Sharia Council (ISC) is a British organisation that provides legal rulings and advice to Muslims in accordance with its interpretation of Islamic Sharia based on the four Sunni schools of thought. It primarily handles cases of marriage ...
is another) for
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
s 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 London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major s ...
,
Bradford Bradford is a city and the administrative centre of the City of Bradford district in West Yorkshire, England. The city is in the Pennines' eastern foothills on the banks of the Bradford Beck. Bradford had a population of 349,561 at the 2011 ...
,
Manchester Manchester () is a city in Greater Manchester, England. It had a population of 552,000 in 2021. It is bordered by the Cheshire Plain to the south, the Pennines to the north and east, and the neighbouring city of Salford to the west. The tw ...
,
Birmingham Birmingham ( ) is a city and metropolitan borough in the metropolitan county of West Midlands in England. It is the second-largest city in the United Kingdom with a population of 1.145 million in the city proper, 2.92 million in the West ...
and
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 ...
. Two more were originally planned for
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 pop ...
and
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian on the southern shore of t ...
. 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 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”. 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". The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.''"Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid."'' A ''talaq'' can be granted to recognise divorce. A sharia marriage has no bearing on personal status under UK law. The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.


Criticism and controversy

Former MP
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 Parli ...
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." 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.


See also

{{Portal, Islam, United Kingdom *
Islamic Sharia Council The Islamic Sharia Council (ISC) is a British organisation that provides legal rulings and advice to Muslims in accordance with its interpretation of Islamic Sharia based on the four Sunni schools of thought. It primarily handles cases of marriage ...
*
Islamic law 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 H ...
*
English and Welsh 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, be ...


References


External links


Official website
Sharia in Europe Islam in the United Kingdom Dispute resolution