Sharia Law Courts

Edward Argar Excerpts

Thursday 2nd May 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is always a pleasure to serve under your chairmanship, Mr Hanson, not least because it protects me from being challenged by difficult questions from someone who did my job many years ago with great skill and knowledge.

I congratulate my hon. Friend the Member for Henley (John Howell) on securing this debate, which addresses an area of significant interest and importance. It is right that this House debates such issues. The work of the Council of Europe has no greater champion or more active participant than my hon. Friend. I am very pleased to be able to respond to the debate. It was due to be responded to by my hon. Friend the Member for Penrith and The Border (Rory Stewart), until his well-deserved promotion yesterday evening, so I confess that I am not an expert in this area, but I have been fascinated by the debate.

I am grateful to all hon. Members who have taken part late on a Thursday afternoon. I am particularly grateful to the hon. Member for Bradford West (Naz Shah), not only for the passion and power that she habitually brings to her speeches, but for the depth of her knowledge and understanding of the subject. I am pleased she was able to be here.

I also recognise the contribution of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who spoke in his usual measured and sensible tone. His contribution was particularly valuable in highlighting the practice in Glasgow, which he touched on.

[Nick Thomas-Symonds]

I omitted to mention the speech of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) not because I did not think that it was impressive, but simply because I treated it as a Front-Bench contribution, not a Back-Bench one. I join the Minister in commending the speech.

[Edward Argar]

I thank the hon. Gentleman for that intervention; I was about to respond to his speech. As ever, he made a powerful and sensible case. He highlighted, as other Members have, the importance of choosing our words with care when we speak in this House, not just on this subject but on all subjects, and the responsibility that we all have, and the broader responsibility of the media and others in this space, to choose our words with care.

I will set out the Government’s position on sharia law. As the Prime Minister has said, and as Members have mentioned today, there is one rule of law in the United Kingdom. In practice, that means, within each of the UK jurisdictions, a single system of law, legislated according to our constitutional arrangements by this Parliament or the devolved Administrations. Our judicial systems interpret, apply and, where necessary, enforce those laws. There is no parallel system of sharia law in operation in the UK; Her Majesty’s courts enforce our laws. My hon. Friend the Member for Henley was right to say that sharia law is not part of the British legal system. We must ensure that we do not succour such misinformation or misconceptions beyond these walls.

Our vision for our communities is that all British citizens, whatever their religious background, should be free to practise individual religious freedom. Many British people of different faiths and none benefit a great deal from the guidance that religious codes and other practices offer. Those values allow us to enjoy our individual freedoms and to lead varied lives in diverse communities. That is one of the great strengths of this great country; however, it has to be within a framework in which citizens share and respect common rights and responsibilities, with unfettered access to national law and our legal institutions to enforce those rights when necessary. Equal access to the law is a key benefit of living in a democratic society. As the hon. Member for Bradford West highlighted, that respect for the law is, I hope and believe, shared by everyone in our country, irrespective of background, gender, religion or any other factor.

If there is any conflict between religious practices and national law, national law must, and will, always prevail. In particular, I highlight the Equality Act 2010 and, as the shadow Minister, the hon. Member for Torfaen (Nick Thomas-Symonds), highlighted, our strong and important human rights legislation and the framework behind it. The Home Office and the Ministry of Housing, Communities and Local Government lead on the broader issues surrounding faith, community integration and British values. The Ministry of Justice is responsible for the operation of the justice system, including the use of non-court dispute resolution services such as mediation, and for the law governing marriage.

I heard the points made by my hon. Friend the Member for Henley on the use of sharia religious principles and the operation of sharia councils. In particular, he highlighted concerns about various forms of discrimination on the basis of sex or religion in family matters, in particular divorce, in relation to the evidential weight applied. I acknowledge too the views set out by the Parliamentary Assembly of the Council of Europe in its resolution, passed in January this year, about the need to combat all forms of discrimination based on religion. As my noble and learned Friend Lord Keen of Elie has said, people may choose to abide by the interpretation and application of sharia principles if they wish to do so, provided their actions do not conflict with national law; however, that must be their free choice, and does not supersede national law.

The resolution reiterated the obligation on Council of Europe member states to protect the right to freedom of thought, conscience and religion, as enshrined in article 9 of the European convention on human rights. That right represents one of the pillars of a democratic society, and we share the Council’s view of that important principle. The resolution also noted that the exercise of the right to manifest one’s religion may be subject to some limitations necessary in a democratic society; it is not an unqualified right. Furthermore, it noted that the operation of religion should never act to limit or remove other convention rights or freedoms to which citizens in a democratic society are entitled, and we agree with that too.

While supporting and, I argue, even encouraging pluralism, the resolution expressed concern about the official or unofficial application of what it termed “sharia law” in several Council of Europe member states. As hon. Members have set out, in relation to the UK specifically the Council of Europe set out its concern about what it views as the judicial activities of sharia councils that, although not part of the British legal system, attempt to provide a form of alternative dispute resolution.

The resolution drew attention to members of the Muslim community, sometimes voluntarily but sometimes under pressure from peers or their own conscience, accepting the religious jurisdiction of such councils. The resolution further noted that it occurs mainly with regard to marital issues involving divorce, as the hon. Member for Bradford West said, and some matters related to inheritance and commercial contracts. The resolution expressed concern that the rulings of sharia councils could discriminate against women in divorce and inheritance cases.

The UK Government are clear that all rules, practices and bodies, including systems of alternative dispute resolution, must operate within the rule of law. Our law provides for a formal system of legally binding arbitration under the Arbitration Act 1996, which allows parties to consent to apply a system of law other than English law, with appropriate procedural safeguards to protect against duress or coercion. Arbitral decisions can play an important role, but only if the necessary procedural requirements and legal safeguards are satisfied. Most types of family dispute can be resolved in a legally binding way only if they are adjudicated by the courts.

The Government understand the concerns that some Members have set out about the operation of sharia councils. Indeed, the resolution on the basis of which the debate has been tabled acknowledged and welcomed the Home-Office-commissioned independent review, chaired by Professor Mona Siddiqui and commissioned by the now Prime Minister. That review looked at whether sharia law was being misused or applied in a way that is incompatible with domestic law in England and Wales, and whether there were discriminatory practices against women who use such councils.

[Naz Shah]

Does the Minister welcome, as I do, the finding in that review that, despite the fact that there is understood to be a conflict in very minute parts of sharia law, in terms of inheritance being discriminatory, in this country that would not apply because the rule of our law would override all of it in any case?

[Edward Argar]

The hon. Lady is right to highlight the primacy of our national domestic law in that context.

The review was published by the Government in 2018, with the Council of Europe calling the recommendations

“a major step towards a solution”.

The review found evidence of a range of practices across sharia councils, both positive and negative, and made three recommendations, which have been touched upon. Some of them mirror, or are very similar to, the UK-specific proposals set out in the Council of Europe resolution. I will run through them, as other hon. Members have, and respond on behalf of the Government.

The review’s first recommendation was to amend marriage law to ensure that civil marriages are conducted before, or at the same time, as the Islamic marriage ceremony, thereby establishing the right to a civil divorce and to financial protection on divorce. The law already provides the option to solemnise a legally valid Islamic marriage if it takes place in a mosque registered for worship and for marriage, as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East mentioned. However, we understand and appreciate that many Muslims choose to marry at home and, as the hon. Member for Bradford West said, may be unaware that that means that their ceremony, while religiously recognised, is not recognised under national law.

We will continue to engage with key stakeholders, including faith groups, academics and lawyers, to test their views on the policy and the legal challenges of limited reform relating to the law on marriage and religious ceremonies. I am keen for us to make as rapid progress as possible, but as the tenor of this debate has shown and as hon. Members will recognise, this is a sensitive area that involves the expression of religious freedom, so it is important that we get any changes right.

With respect to the current marriage law, the second recommendation proposed developing programmes to raise awareness among Muslim couples that Islamic marriages do not afford them the legal protection that comes with a civil marriage—a point that the hon. Lady made very powerfully. The cross-Government integrated communities action plan, which is led by the Ministry of Housing, Communities and Local Government, commits to supporting awareness campaigns to educate and inform couples and their children of the benefits of having a civil marriage alongside a religious marriage. The plan is a powerful opportunity to drive our vision for integrated communities in the UK. As the Prime Minister has said, we will use it to proudly promote the many values that unite us, including democracy, free speech, human rights and the rule of law—values that allow us to enjoy our individual freedoms and lead varied lives in diverse communities.

The third recommendation proposed regulating sharia councils by creating a state-established body with a code of practice for the councils to adopt and implement. The review team’s failure to reach a unanimous agreement on that proposal demonstrates the complexity of the issues involved. The Government consider that a state-facilitated or endorsed regulation scheme for such councils could confer on them a degree of legitimacy as alternative forms of dispute resolution and risk introducing what might be perceived as a parallel system of law. As the then Home Secretary set out at the time, the Government do not consider it an appropriate role of the state to act in that way.

[Naz Shah]

Does the Minister agree that the role that the Government have to play in these communities, as in any communities, is to support them in getting to where they need to be with sharia councils to make them compliant with our existing laws on non-discrimination regardless of gender?

[Edward Argar]

The hon. Lady makes an important point. I believe that the Government have an obligation in a range of areas to do what we can to ensure that all bodies and organisations comply with our national laws. She is right that it is incumbent on us all to encourage compliance with the laws that we make in this House.

The Home Office review found some evidence of sharia councils in England and Wales forcing women to make concessions to gain a divorce, of inadequate safeguarding policies and of a failure to signpost applicants to legal remedies. That is clearly not acceptable, as the hon. Lady made clear in her speech. Where sharia councils exist, they must abide by the law. Legislation is in place to protect the rights of women and prevent discriminatory practice; the Government will work with the appropriate regulatory authorities to ensure that that legislation and the protections that it establishes are being enforced fully and effectively.

The Council of Europe’s resolution calls on the UK authorities to do more to

“remove the barriers to Muslim women’s access to justice…step up measures to provide protection and assistance to those who are in a situation of vulnerability…conduct further research on the ‘judicial’ practice of Sharia councils and on the extent to which such councils are used voluntarily, particularly by women, many of whom would be subject to intense community pressure in this respect.”

The Government are clear that we must do more to support people in faith communities to make informed choices about how to live their lives. Key to that is our work on integration and on a shared understanding of British values and the system of law that underpins them. My colleagues in the Ministry of Housing, Communities and Local Government will consider those points further as work progresses on the integrated communities action plan.

[Naz Shah]

The Minister mentions British values again. Does he agree with my view as a Muslim woman that there is no conflict at all between my Muslim values and British values?

[Edward Argar]

The hon. Lady is absolutely right to highlight that point. I believe that our values, which include the rule of law and the belief in human rights and democracy, are shared throughout our whole country, irrespective of people’s background, gender, age or religion.

I thank my hon. Friend the Member for Henley again for giving us the opportunity to debate these important issues. I assure him that what he and other hon. Members have said today has been heard, and that my colleagues across Government and I will consider carefully all the points that have been raised on all sides.

I conclude by repeating what I said at the beginning of my speech: many British people of different faiths benefit a great deal from the guidance that their religious codes, beliefs and practices offer. Such values allow us to enjoy our individual freedoms and lead varied lives in the diverse communities that are a hallmark of our country, but that has to happen within a framework in which citizens can share and respect common rights and responsibilities as they share in the benefits of living in this great country. There is, and remains, one rule of law in the United Kingdom, democratically enacted by this Parliament and the devolved Administrations, and applied by our independent judicial system.

Today’s important debate has been conducted in a manner that does credit to this House, which those who watch our proceedings may not always think is the case. It has been a very worthwhile way of spending our afternoon.