Sharia Law

Lord Ahmad of Wimbledon Excerpts

Thursday 11th December 2014 Grand Committee

[Lord Ahmad of Wimbledon (Con)]

My Lords, I join other noble Lords in thanking the noble Baroness for initiating an important debate. It is important to reflect on where we are now. I am glad to see that both the diversity and the gender balance in this House are alive and kicking. We have had contributions in a ratio of four to one: four women and one man. We have also had a healthy sprinkling of different religious identities: contributions from—if I may sum the noble Baroness up thus—a Hindu humanist; from a Muslim; from a committed—and, I know, strong—Christian, and from a Jewish atheist. I suppose that with a debate such as one on Sharia it is entirely appropriate that there is a slight bias towards a Muslim man responding to bring it all into proportion.

I stress from the outset, in order to make it abundantly clear—the noble Baroness, Lady King, made the same point—that Sharia law has no jurisdiction in the court systems of England and Wales: we do not recognise it. There is no parallel court system in this country. Again reiterating what the noble Baroness said, we have no intention of changing this position in relation to any part of England and Wales. I make that statement from the outset because it is important to get it on record—that that is the law of the land and the law of the land will prevail irrespective of what religious practice or community you may belong to.

A question posed very ably—I would expect nothing less—by my predecessor in this role of faith Minister is: what does Sharia and the distinction between Sharia and Sharia law mean? As we have heard—the noble Baroness, Lady Cox, also alluded to this—Sharia can mean many things. Essentially, the first code of Sharia is: do not lie. That is perhaps a teaching and a learning for us all. It is also about halal food, and we see plenty of that. It is abstention from alcohol—I am teetotal, I can commit to that. It is also about service to charity and humanity. It is about welfare for all. If you look at the diversity of our great country today, specifically the Muslim community, the charitable nature of what they do is guided by Sharia law, which we are debating today. As law-abiding citizens of our great country they reflect that code of conduct in their charitable giving—their alms giving—to the poor, the needy, across the country. We are at the forefront of that. That is something that, across the country, irrespective of faith or religion, we should be proud of.

The noble Baroness, Lady King, asked specifically about Sharia councils. She talked about the figure of 85 in 2009. The Government have not made a specific assessment of Sharia in this country and are not involved in the administration—which she also asked about—of Sharia councils in any way. However, I emphasise again that the law of the land is supreme: regardless of our beliefs we are all equal under the law of the country.

I move on to some of the pertinent issues that have been raised. The noble Baroness, Lady Cox, gave some quite specific examples. I totally relate to them and they are true not just of one particular community but of many. Women have suffered terrible abuse and had terrible dilemmas. Because of limits on time, all I would say at this juncture is that she will know as well as I do—and as I am sure all noble Lords will agree—that the faith in its actual learning and theory protects women. It is unfortunate that we see practice failing with individual abuses or abuses in certain communities. These have to be eradicated and the full force of the law must apply.

Again, I need to make it absolutely clear that Sharia councils, Sharia courts—whatever name may be attributed to them—have no part in the court system in this country and no means of enforcing their decisions. If any of the decisions or recommendations made by Sharia councils or committees are illegal or contrary to national law, national law will prevail every time and where it does not criminal sanctions should apply. Any member of any community should know that they have a right to refer to an English court at any point, particularly if they feel pressured or coerced.

The noble Baronesses, Lady Cox and Lady Flather, highlighted the fact that where women are vulnerable they are not perhaps informed or educated. Therefore, it is also important that we work with communities in identifying these women. As Minister for Communities I am encouraged by the programmes and am laying greater emphasis on learning English, empowering women in particular through language. There are some excellent programmes targeting these very vulnerable groups. I recently saw QED, a practical project in Bradford. Muslim women who came from abroad, as spouses of husbands, actually had the education and knowledge but did not have the confidence to extend themselves into the fabric of the country. It is projects such as that one about empowering women where a lot of our focus should be, and rightly.

I also pay tribute to my predecessor in this role, the noble Baroness, Lady Warsi, for setting up the integration roadshows. I am pleased to say that I will be nimble-footed from this debate because I am travelling up to Manchester immediately afterwards to conduct one of the integration roadshows. There we take some of the challenges facing different communities—in particular Muslim communities—that come out of practice that is founded not on the religion but unfortunately on interpretations that are removed from the faith. I totally take what the noble Baroness said. We need to tackle these head on.

[Baroness Flather]

Is the Minister saying that a woman who does not have a registered marriage and is trying to get a Sharia divorce can get a divorce in British law? Can she go to court without a registered marriage? I do not think that that is correct.

[Lord Ahmad of Wimbledon]

No, I am not saying that, and the noble Baroness is correct to point that out. The same common law principles would apply in that case. I would like to clarify one thing. The point was made on a couple of occasions about access within Sharia for a woman to take a divorce. Again, this is the difference between theory and practice. The avenue does exist. There is the concept of Khula which allows a woman to take a divorce without citing a reason. The problem arises in certain communities because although some practise this very well, others unfortunately do not make it available. That is where the focus should be. I want to be absolutely clear that, in the context of concerns about Muslim marriages and Sharia councils, the Government believe that the key issue is raising the primacy of English law and the importance of a clear understanding of how English law works.

My noble friend raised the issue of recognising the nikah in terms of the law of the land. She will know from her experience as a Minister, and she also speaks very ably as a lawyer, that there are certain complexities that we need to address. This is far more than just a simple issue, a simple adjustment to make. It would need careful consideration before the Government could give any commitment. I am sure she appreciates that there are things that need to be discussed fully to balance out what the implications of that would be. I have already alluded to the importance of communities coming together to effect real change. We can amplify the message of those communities where women are not empowered to speak up and help them to get their messages out, but we believe that building integration is ultimately the responsibility of everyone in society.

This is a useful and timely debate. Let me assure the noble Baronesses, Lady Flather and Lady Cox, and, indeed, all noble Lords, that, as they know, I am personally committed to ensuring the eradication of some of the challenges we have seen, such as the evils of forced marriage. The Government have been very serious about this. Indeed, as noble Lords will know, we took steps by criminalising this heinous activity. As we have seen with FGM as well as with forced marriages, the important thing is first of all to ensure that this is communicated effectively, and that people understand what the law of the land means. It is important to make that accessible to all people and to educate people in that respect as well.

I wish to conclude my remarks today by thanking all noble Lords who participated in what has been a very useful debate. I again underline the fact that what defines our great country of Britain is that it allows people to practise, profess, propagate and preach their faith with great freedom and liberty across all boundaries. It does not matter who or where you are.

[Baroness King of Bow]

Before the Minister draws his remarks to a conclusion, could he give any further clarification on what if any legislative changes would be required to bring the activities of Sharia councils under further regulation at the present time? Or is it just a question of implementing guidance?

[Lord Ahmad of Wimbledon]

There are no plans to legislate on Sharia councils in that sense. We believe that the rule of law should prevail, and I have re-emphasised that point. We see plenty of good practice within the Muslim community. For example, many Muslim communities employ a simple resolution to this question. Before any imam is sanctioned to perform a nikah ceremony, the couple are asked to produce a certificate of registration. That is a good practice, and it means that the civil marriage is registered prior to the Islamic marriage, ensuring protection for both men and women. It is right that we do not seek to interject in people’s religions from a government perspective, but where we see that there is good practice it should be shared across the country. That is certainly the approach that the Government are taking.

I note that I have a minute to go, so I will make full use of it by once again reiterating the Government’s commitment to ensuring that wherever we see abuse, whoever the perpetrator and whoever the victim, the Government will stand up strongly to provide protection. We have a strong record over the past four years of doing just that. Protecting religious identity is an important part of what defines our great nation, but not to the detriment of the rule of law. Ultimately, whatever religious practice one may follow and whatever religious community one may belong to, one thing prevails above all else, and that is the rule of law.