There was an interesting case reported on the front page of this morning's Times. It involved the divorce of a young orthodox Jewish couple. The court decide to effectively sub-contract part of the settlement process to a Jewish religious court. Although the UK court retained its primacy it took into account the decision of the religious court. The judge said he had taken into account a 2008 speech from the great man - Rowan Williams - in deciding to take account of the religious court.
The Muslim Council is reportedly delighted as this could open the door for Sharia courts to consider divorce cases.
Is all this a good thing or will, over time, will it start to blur our law? It is all well and good saying that the UK civil courts will always need to retain primacy but now the genie is out of the bottle will there be "mission creep" over time?
Mintball wrote:Beth Din courts have been around for donkey's years dealing with such things as family cases.
Sharia courts too have existed for some time with much the same remit.
Whether one approves of that or not does not change the fact that they exist already.
The point, as I understand it, is that this case is the first time a UK court has taken their decision into account. If that is the case, surely it is a major development?
Maybe the Shariah courts will end up getting primacy so when someone mugs a pensioner and beats them to within an inch of their lives and the do gooder liberal courts sentence them to a 3 month sentence in a room with an X box, and free college education to rehabilitate them, the Shariah court will be able to overrule and say no, stone the fecker to death.
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sally cinnamon wrote:Maybe the Shariah courts will end up getting primacy so when someone mugs a pensioner and beats them to within an inch of their lives and the do gooder liberal courts sentence them to a 3 month sentence in a room with an X box, and free college education to rehabilitate them, the Shariah court will be able to overrule and say no, stone the fecker to death.
All would not be lost. We could sell tickets.
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Stand-Offish wrote:All would not be lost. We could sell tickets.
I like "Catch The Bomb" at half time, I haven't got the throwing arm for this.
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The only matter of importance is that the court retains its primacy.
If you know anything about the modern courts system then you will know that in all cases and at all stages the parties are almost bounced into having to formally consider some form of alternative dispute resolution and indeed may be penalised for not doing so. Increasingly, going to court is seen by the courts as a last resort, and is back on the slippery slope of becoming solely the playground of the rich, which in many respects the courts of course already are.
Last edited by Ferocious Aardvark on stardate Jun 26, 3013 11:27 am, edited 48,562,867,458,300,023 times in total
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