According to various UK media outlets, non-Muslims are increasingly going to Shari’ah (Islamic law) courts for justice. The fact that non-Muslims are willfully using Shari’ah courts in the UK for adjudication in disputes should not be entirely surprising.[i] There are two reasons for this. The first is that the UK justice system is failing its people:
- The system is bringing justice in only 3% of offences committed.
- Punishment is not changing the behaviour of repeat offenders.
- The courts are still not equipped with powers to attack the problems which generate crime, with the result that they continue to send too many defendants to custody.
- Courts continue to experience delays - 24% of prisoners are not delivered to court on time; 52% of civilian witnesses come to court and do not give evidence; 64% of prosecution witnesses come to court and do not give evidence. Files of evidence provided by police to prosecutors are on time and up to quality in only 43% of cases; and the preparation by prosecutors is effective in only 60% of cases.
- 44% of fines are unpaid; up to 40% of community punishments are not served.[ii]
The second reason is that the Shari’ah is based upon a unique set of values. For example the Qur’an (the divine scripture upon which the Shari’ah law code is founded) resonates with teachings of justice,
“O You who believe! Be upholders of justice, bearing witness for God alone, even against yourselves or your parents and relatives. Whether they are rich or poor, God is well able to look after them. Do not follow your own desires and deviate from the truth. If you twist or turn away, God is aware of what you do.”[iii]
“O You who believe! Show integrity for the sake of God, bearing witness with justice. Do not let hatred for a people incite you into not being just. Be just. That is closer to faith. Heed God [alone]. God is aware of what you do.”[iv]
The two main terms used in the Qur’an for justice are ‘Adl and Qist. The literal meaning of ‘Adl is to divide into exactly equal parts so that there is no disparity between them. Qist means to be equal. Of course it would be difficult to apply these terms to the current situation in the Muslim world due to an absence of true political governance. Although ‘Adl and Qist are not witnessed in any considerable measure in the Muslim world today, Islamic history paints a different picture, one offers a better alternative to the gross corruption and abuse that we see today.
In Islamic history, where the unique values of Islam such as justice were propagated and implemented, the conclusions made by some historians are unparalleled. The Jewish historian Amnon Cohen states that the Jewish minorities sought justice from the Islamic courts rather than their own,“The Jews went to the Muslim court for a variety of reasons, but the overwhelming fact was their ongoing and almost permanent presence there. This indicates that they went there not only in search of justice, but did so hoping, or rather knowing, that more often than not they would attain redress when wronged…”[v]
So it is no wonder that today there are a growing number of non-Muslims seeking justice via Islamic courts. It is difficult to think of a time in history when the host community of a population sought redress and justice from the courts of the minority. One can only imagine what it would be like if true Islamic governance was implemented in the Muslim world.
Notes
Notes
[ii] http://www.guardian.co.uk/uk/2005/aug/17/ukcrime.prisonsandprobation
[iii] Qur'an Chapter 4 Verse 135
[iv] Qur'an Chapter 5 Verse 8
[v] A World Within: Jewish Life as Reflected in Muslim Court Documents from the Sijill of Jerusalem (XVIth Century). Part One, 1994, Pennsylvania, p. 17.
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8 comments:
But the MAT's (Muslim Arbitration Tribunals - Not exactly Shariah Courts) do not deal with criminal law. They only deal with small disputes mostly family or small business related (to my knowledge at least). Correct me if I'm wrong.
Can't say I agree with your reasons for the UK justice system failing the people.
The system is bringing justice in only 3% of offences committed.
How do you determine whether or not a sentence is just? It's very much a subjective thing. Perhaps it'd be better to focus on consistency of sentencing?
The problems with the delays/lack of effective preparation are systemic to any legal system. These problems would still plague sharia courts. prisoner transport would still get held up by bureaucracy or even bad traffic. Witnesses may be called to court but not used. IT depends on whether or not the legal team thinks their testimony will benefit or harm their case.
MashaAllah.. Allahu akbar!!
The law that comes from The Creator is the greatest :)
Peace be with you, I like the last line as an incentive to the world.
A brilliant piece.
Salaam aleikum wr wb akhi
Thanks for the post, I gotta look more in to Sharia courts, like Adnan told me that alot of jews went to sharia courts in Al-quds when the muslims were in powere.
-Fady-
Mr. Adam: The MATs by definition are Shari'ah courts. MATs use Shar'iah law to resolve disputes. I think your comment shows that you assume that Islamic law just deals with crime i.e. punishments etc. The Shari'ah is comprehensive, there is a scholarly consensus as well as explicit Islamic textual evidences to show that the Shari'ah generally means the whole of Islam. The Shari'ah includes punishments, criminal law, contract law, economics, civil disputes, purification of the heart etc. I hope this helps. Thank you for your comment.
Yusuf U: Why do you not quote the other reasons I mentioned? Here they are:
•Punishment is not changing the behaviour of repeat offenders.
•The courts are still not equipped with powers to attack the problems which generate crime, with the result that they continue to send too many defendants to custody.
•Courts continue to experience delays - 24% of prisoners are not delivered to court on time; 52% of civilian witnesses come to court and do not give evidence; 64% of prosecution witnesses come to court and do not give evidence. Files of evidence provided by police to prosecutors are on time and up to quality in only 43% of cases; and the preparation by prosecutors is effective in only 60% of cases.
•44% of fines are unpaid; up to 40% of community punishments are not served.
Would you argue that it is due to high number of offences 'jamming' the system? I doubt that very much. However even if you are right one should ask, why are there so many offences in the first place?
Maybe it has something to do with the system put in place to reduce the offences in the first place.
I hope this helps. Thank you for your comment.
Didn't quote them because I think they're valid points!
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