Muslim Arbitration Tribunal
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The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England as a Barelvi organization.. 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.[2] 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.[3]
| Formation | 2007 |
|---|---|
| Purpose | to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Law.[1] |
| Headquarters | Hijaz Manor, Watling Street, Nuneaton, CV11 6BE |
Region served | UK |
| Leader | Faiz-ul-Aqtab Siddiqi |
| Website | www |
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.[4] 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.[4][dead link] As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[4][dead link]
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”.[5] 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".[4][dead link]
The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[5][6] A talaq can be granted to recognise divorce.[5][6] A sharia marriage has no bearing on personal status under UK law.[7] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.
Criticism and controversy
Former MP Dominic Grieve 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."[4][dead link]
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.[8]
See also
References
External links
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