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Guidelines issued on Sharia Wills (ie unequal shares to female children)

213 replies

mumblechum1 · 23/03/2014 13:40

www.independent.co.uk/news/uk/home-news/islamic-law-to-be-enshrined-in-british-law-as-solicitors-get-guidelines-on-sharia-compliant-wills-9210682.html

Must admit I have only been asked on 2 occasions in many years of will-writing to make Sharia compliant wills, and both times advised that they would not stand up in court and so in one case the client went elsewhere, in the other he agreed to divide his estate equally between his sons and daughters when I explained the risk of litigation.

I am saddened if this is now going to change.

OP posts:
WetAugust · 31/03/2014 21:18

To claim they are not is disingenuous. You know that.

GoshAnneGorilla · 31/03/2014 23:33

Not at all and here is a very detailed explanation: tariqramadan.com/blog/2005/04/05/an-international-call-for-moratorium-on-corporal-punishment-stoning-and-the-death-penalty-in-the-islamic-world/

Also, as I said way upthread, Sharia law covers the entire scope of Islamic religious practice. Not eating pork, praying five times a day, donating a certain amount of your income to charity - this is all Sharia law. Again, as I said upthread, many of these practices are already recognised by British society. Would you insist that Islamic banks are closed, as this is allowing Sharia law to be recognised? Or that prayer rooms are closed to Muslims?

WetAugust · 01/04/2014 00:05

Gosh

I find your attitude quite depressing.

You cannot excuse a penal code that requires such barbaric acts on the bais that the situation is 'almost never applicable' and link me to an article that bemoans the fact that the 'international community' is criticising sharia law selectively as it turns a blind eye (no pun intended) to the petro rich states that praticise it.

And calling for 'a moritorium' rather than abolition is not really abandoning the practise. It's a bit of a cop out really.

Christians has all the barbaric stuff in the Old Testament eye-for-an-eye etc, but then we modernised. I think that article is suggesting that some modernisation is required but asking 'how do we sell the concept'? Ah, we keep the arbaric stuff but say it's 'almost never applicable'. Well that must be good news to the poor women whose execution in the Kabul football stadium was filmed.

A Muslim bank is a very different issue to some of the other sharia requirements. If you want to tie yourslef into finnacial knots in an attempt to avoid usary, as long as it's legal under E&W law you should be free to do so. It doesn't imapct on my life.
If you want to pray 5 times a day you should be free to do so. It doesn't impact on my life.

You've asked me lots of questions.

I ask you, as a Muslim could you honestly stand and watch a person having their hand cut off or an adulterer stoned to death becasue it had been decreed under shraia law that these were just punishments?

Sometimes things can look acceptable when you are in a safe, modern country that even the inhabitants of those poor, underdeveloped countries see as unacceptable. That article even states that the poor and women are more likely to be harshly treated by shria. How can you justify that?

WetAugust · 01/04/2014 00:09

Must joint point out the sloppy and incorrect use of 'we' when I mentioned Christians. I no longer practise the faith that I was brought up in, but old habits die hard.

GoshAnneGorilla · 01/04/2014 00:17

Hang on, if an Islamic bank doesn't impact on your life, then neither does someone writing an Islamic will.

There has almost certainly been government recognition of Islamic finance see here: www.bbc.co.uk/news/business-24722440, so why is there such upset about a guidance note from an professional organisation. Surely if you dislike Sharia law so much, you would be equally outraged by both.

As to your question, I think the link answers that, particularly the part about stopping injustice.

Grennie · 01/04/2014 10:31

Gosh, because we are not actually anti Islamic as you allenge, we are anti the discrimination and oppression of women.

I couldn't care less about Sharia compliant financial products. They harm no one.

GoshAnneGorilla · 01/04/2014 10:34

Then I expect to see petitions against primogeniture very soon.

Grennie · 01/04/2014 10:37

Primogeniture has been abolished. And feminists did fight against it.

Strangely enough I was on another thread last week about unacceptable Christian practices where the OP was complaining that everyone picks on Christains, and they would never say the same to Muslims.

JaneinReading · 01/04/2014 11:01

The ban on interest does not discriminate against women. The Sharia rules do. Hence most people can tolerate the former and reject the latter. The way the Islamic finance sector (huge area of law in London for some lawyers by the way) "gets round" the interest ban is pretty immoral and away from first principles. It's like getting someone non Jewish to put your lights on the Sabbath or buying indulgences in old Catholicism, in my view. It is still a charge to borrow in another form. I am sure if there is a God she looks to the substance not the legal ways round.

There is a huge movement including I am sure sevearl of us on this thread against male primogeniture even though it only affects about 20 families or something like that in the UK now that we have changed the law to ensure the eldest born child of Prince George will inherit the throne even if female. We are a on a roll now with the recent gay marriage law change being a triumph. Ancient prejudice and discriminatory legislation is on the way out and plenty of Muslim women feminists are against any sexism in islam. This is not just a view of atheist British women.

BackOnlyBriefly · 02/04/2014 13:31

Signed the petition because anything that legitimises or appears to legitimise discrimination is harmful to our whole society. The petition doesn't prevent discrimination against women, adopted children or anyone else. It's just to prevent the message that discrimination is somehow perfectly fine.

Discrimination is not fine whoever is practising it and we are as a society working to put an end to it. It may take a long time, but we should not be taking any backward steps.

This isn't about imposing unwanted help on Muslim women as some seem to think, but for the future well-being of the society that we all have to live in. As such it is the business of every citizen.

MariaJenny · 21/04/2014 14:16

Thanks. Let us hope it gets some publicity. We need to be ridding the state of religion, sexism and rules and regulations fit only for ancient deserts circa the year 100AD, not endorsing them. Although I suppose white male posh sexists who may inhabit the law society can probably find common cause with sexist male muslims who think daughters are worth half what a son is.

ethanwilliamew · 05/07/2018 09:57

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