The Problem of the S-Word

Let the tabloids and politicians spend their time foaming at the mouth over words like Shar'iah, we should be spending our time pioneering services and solutions to meet our community needs

Shari'ah is once again big news. The Lord Chief Justice has said that, "There is no reason why Shari'ah principles, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution." His comments follow a speech earlier in the year by the Archbishop of Canterbury who had been discussing the role of faith in the public sphere and had used the issue of Shari'ah courts as an example of where this could be done. The Lord Chief Justice commented about that speech: "It was not very radical to advocate embracing Shari'ah law in the context of family disputes, for example, and our system already goes a long way towards accommodating the Archbishop's suggestion.

Predictably, the tabloids went berserk, and sadly some of our sound-bite simplistic politicians followed suit. What a furore! This was a simple discussion about civil arbitration, a provision that is rooted deep in English law. As Madeleine Bunting wrote in the Guardian, "Because of the provision for mediation by a third party in English civil law, there is already a degree of accommodation for Shari'ah law in our legal system." In fact, she argues, if we don't want Shari'ah we would have to remove the "fundamental option of mediation outside the legal system when agreed by both parties… [which]…will require a pretty radical reform which would stir up a lot of opposition."

Clearly then, our politicians and media are not concerned with the actual essence of what the mediation process will be, but more upset about the word 'Shari'ah' itself.

The Shari'ah courts were a solution that Muslims created to deal with life for their new communities in the UK. It is important that we are clear that it is absolutely right and proper that a community should be able to create structures and institutions to support its individuals and families to operate smoothly and according to its principles and values. Of course those structures should and do operate within the law of the land. However, their creation was based on models familiar to the communities from their countries of origin, where the decision-making role of the 'court' was its primary purpose. The courts in those countries would have been supported by more accessible and prevalent mosques and Imams, and a community that was most likely majority Muslim. Most of these support services - which acted as buffers to problems and disputes before the final limit of legal jurisdiction - are not easily available to us in Britain.

So today, Muslims turn to bodies like Shari'ah courts as much for their Islamic decision-making status, as increasingly for their pastoral services. However, dealing with disputes requires counselling, therapy and support before a case can reach any final definitive verdict, all of which are an extension of a legal court's traditional role. Individuals who are trapped in a dispute - whether marital or of another personal nature - want both support and recognition for their distress, which today they find may not be available elsewhere. They wish to feel the supportive hand of guidance and authority in resolving their pain based on the same principles by which they try to govern their own lives. It is therefore exactly in this grey area between civic dispute and any mediation ruling that an arbitration service based on Islamic principles can add tremendous value to our community.

Those who participate in the existing Shari'ah courts give a great deal of their time and energies, but in order to achieve this goal they need more skills and resources, more focus, more participation from the community to meet the growing needs for pastoral care. We need more women, more counsellors and more youth workers to name but a few of the skills required.

Most importantly what they need - what Muslims need - is to give themselves the freedom to think more freely about the purpose and function of such resources within the community. We must not diminish the need and importance of such mediation and resolution centres. They are a vital component of Muslim community institutions. But thinking of them within the prism of decision-making only, carries so much history and expectation with them that sometimes it can become impossible to create new models of operation.

Will we ever find the freedom to dive into the very essence of our needs and pioneer new tools and methodologies to meet our changing times and circumstances? Ali ibn Abi Talib, the fourth Caliph says, "Do not bring up your children the way that you were brought up, because they live in different times." We live in a different time, and we need to pioneer new solutions.

Note: Cartoon is taken from Spirit21's own MagicMuslims superheroes, visit www.spirit21.co.uk/magicmuslims