“Sharia is an Arabic word meaning the path to follow,” referring to a number of legal injunctions known as Islamic law. The primary source of Islamic law is the Quran, which Muslims consider to be the word of God. Although the Quran embodies legal conceptions, it primarily focuses on general ethical principles and guidelines, as opposed to what are commonly misinterpreted as strict instructions. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay Thus, the Quran is supplemented by other sources to form the basis of Sharia law. The second main source of Sharia is the Sunnah, which means "tradition", referring to the oral teaching or practical traditions of the behavior of the Prophet Muhammad. These two sources of Sharia (the Quran and the Sunnah)| are considered divine, however, Sharia also has three human creations which are based on independent human legal reasoning; analogy (Qiyas), consensus among Muslim scholars (Ijmaa), independent legal reasoning (Ijtihad). Misunderstandings associated with Sharia law are often linked to a lack of understanding and are the main reason why many believe that it cannot be adapted to the UK legal system, because, at a glance, one can be deduced that the two sets of legal systems cannot coexist without conflict. Yet many scholars agree that Sharia law emphasizes a holistic view, thus due to the belief that Islam functions as a nomocratic religion. This proves that Sharia law is not meant to be static, but rather evolving, and is meant to be guided by the principles of justice, equality and public welfare – arguably the same principles that serve as the foundation of the legal system of the UK, that is, Sharia law may, in fact, be more similar and more compatible with the UK than many think. It is important to note, however, that Sharia law is fundamentally not suitable for the UK because, in the UK, Parliament is the centralized power and supreme authority, whereas the fundamental legislative power of Sharia law rests with Allah . The Matrimonial Acts of the UK Parliament do not recognize Islamic marriage, nikah, and Islamic marriages therefore have no legal status under English law. This often means that conflicts between Islamic families married only by nikah cannot be resolved by family laws in the UK. Thus, of the 50 cases heard per month by the Leyton Sharia Council in 2013, as reported by the Telegraph, women bought 9 out of 10.[6] Furthermore, in a survey of 923 women in the UK, the Times reported that "6 in 10 Muslim women who have performed traditional Islamic weddings in Britain are not legally married" because they "have had a nikah marriage but 61% of them had a nikah marriage.” failed to undergo a separate civil ceremony.” So, in these cases, divorce in civil courts was not an option and, above all, only a religious divorce would resolve the problem, but this is very frowned upon by the Islamic community around the world, especially if a woman initiates the divorce. The difference in views on the role and power of men, both in society and within the home, is one of the main reasons why Sharia law on marriage cannot be fit for purpose in the Kingdom -United, as demonstrated by the consent to polygamy in the Koran. Polygamyis "the practice or custom of having more than one wife at the same time"[8] and The Times estimates that there were up to 20,000 polygamous Muslim marriages in the UK in 2014.[9] Polygamy in Islam is a very controversial issue, which is simply not legal if applied in the UK in marriages solemnized in the UK. Polygamy, however, was predominant in pre-Islamic societies where men generally had several wives at a time. In Sharia law, a man is limited to having a maximum of 4 wives; arguably, an example of Islam restricting polygamy limits a man to an infinite number of wives at four. Yet, like many texts of the Quran, polygamy is a subject open to interpretation and different texts give rise to varying interpretations. The text which consents to polygamy translates as: “If you fear that you will not be able to treat orphans fairly, marry the women of your choice, two, or three, or four; but if you fear that you will not be able to treat them fairly, then (marry) one, or (a captive) that your right hand possesses….” However, when interpreting this excerpt, it is evident that the verse does not prohibit polygamy or consider it an absolute right of men, but rather allows it in exceptional circumstances. The reference to "orphans" comes from "the Battle of Uhud in which many Muslims were killed, leaving widows and orphans for the Muslim survivors to care for." » [11] Therefore, this text suggests that polygamy is conditional and if a man cannot be fair to his wives and treat them equally, then he can only have one. Thus, polygamy appears to be the exception while monogamy (“marriage with only one person at a time”[12]) is the rule. Additionally, this verse emphasizes that treating one's wives fairly is an obligation. This applies to housing, food, clothing and loving care, for which the husband is fully responsible. If a man is not sure whether he can deal fairly with several wives, the Quran commands: “then (marry) only one.” Some classical jurists, such as Imam Shafie, interpret the latter part of the verse to mean that polygamy should be restricted.[14] The verse relating to polygamy also contains a reference to female slaves owned by men as "that which (their) right hand possesses." All Muslim jurists, even the most conservative, believe that slavery is illegal and immoral today and there is a consensus among jurists that Islam worked to eliminate slavery by "limiting its incidence and encouraging its suppression”[15], although there is no clear verse in the Quran prohibiting slavery. By the same logic, and looking at the historical context of this verse, it is fair to assert that since the slavery of women is now illegal, the practice of polygamy should also be considered illegal. Furthermore, this verse, when combined with another verse in the same chapter, shows some discouragement towards such polygamous marriages. The other verse clearly states: "You can never be just and just among wives, even if that is your earnest desire..." Since polygamy is only permitted if wives can be treated equally and well, yet this verse states It is simply not possible to be "fair and just between women", so obviously the Quran does not believe that polygamy is the preferred or most accessible option in marriage . Therefore, it can be argued that this aspect of Sharia law on marriage could have a place in the UK, as it is only intendedonly in exceptional circumstances rather than in all marriages. Unfortunately, polygamy is often misused by men in Muslim communities and is not seen as a conditional right but rather an absolute one. However, to be recognized as legally valid, all marriages performed in the United Kingdom must be monogamous and must be performed in accordance with the requirements of the Marriage Act 1949.[19] However, English law can accept polygamy in certain circumstances. The United Kingdom Parliament has a legal document relating to polygamy which states: "For a polygamous marriage to be considered valid in the United Kingdom, the parties must be domiciled in a country where polygamous marriage is permitted and must have entered into marriage in a country that allows polygamy. Therefore, it is fair to infer that polygamy in the UK is already fit for purpose under the law; if the marriage took place in a country where polygamy is legal, such as countries following Sharia law and practicing Islam. Thus, although the practice of polygamy in marriages solemnized in the United Kingdom would not be appropriate, the exception as accepted by the law demonstrates that polygamy within the framework of Sharia law on marriage is suitable for the UK, simply because it is already accepted by UK law. Analyzing the operation of Sharia councils in England can give a clear representation of the actual adequacy of Sharia law in the UK. Although there is no clear definition of a sharia council, the University of Reading has concluded that they are generally "Muslim organizations which offer advice and assistance to Muslims in resolving problems related to the application of Sharia law. Importantly, Dr Bano of the University of Reading also notes that not all organizations or services that fulfill this role refer to themselves as sharia councils, and that the term generally applies to those whose “main role is to help Muslim women obtain a religious divorce”. '.[22] Islam gives women the right to divorce on several grounds if good relations between spouses become unbearable or even impossible. However, Islam encourages reconciliation between spouses rather than the breakdown of their marriage.[23] The research specifically refers to "helping Muslim women", because according to Sharia law, if a woman seeks divorce, she must have the authority of an Islamic scholar and women cannot unilaterally divorce their husbands, unlike the husband who simply pronounces talaq three times to obtain a divorce, as stated on the Islamic Sharia Council website. The two main organizations in the UK providing this service are the Islamic Sharia Council (ISC) and the Muslim Arbitration Tribunal (MAT) and in total, as of 2012, there were thirty sharia councils in the UK.[ 25] The ISC aims to provide guidance to UK Muslims facing marital problems and is able to issue religious divorce certificates. It is important to note that on their website they state that this has "no bearing on the status of a co-existing civil contract"[26] and therefore the ISC is secondary to to English law. In comparison, MAT follows the Arbitration Act of 1996 and aims to "provide a viable alternative to the Muslim community seeking to resolve their disputes in accordance with Islamic sacred law",[27] as its website highlights . This is due to their procedure, which requires "the Tribunal to consist of at least two members, one a specialist in sacred Islamic law and the other a solicitor or barrister licensed to practice in England or theWales”[28]. Their decision must therefore be taken within the framework of English law to be binding; however, this decision may still be “in accordance with one of the recognized schools of Islamic law”[29]. Thus, MAT offers the possibility of marriages being resolved and this outcome being legally recognized under English law and Sharia law. This could arguably justify Sharia law being suitable for the UK, as services and organizations can operate under both laws. Yet domestically, sharia councils have been criticized, and in 2016 Theresa May said there were "some... who work in discriminatory and unacceptable ways, seeking to legitimize forced marriages and pronounce divorces that are unfair to women.”[30] Sharia law in the UK often poses the problem of contrast in attitudes and services provided by Sharia councils nationally. As mentioned earlier, this is due to the different interpretations of the Quran, taught by various members of the Islamic community and by Islamic scholars. This is seen explicitly in the London Sharia Council, in which Dr. Suhaib Hasan said: "If Sharia is implemented... a country will become a safe haven because once the hand of a thief is cut off, no one will no longer be able to fly. "[31] This was a statement of concern among many people in England because, as the article states, "Dr Hasan's cause is not helped by the fact that in December (2007 ), he was named by the Policy Exchange. think tank as being linked to a mosque, Al-Tawhid in Leyton… which was accused of spreading extremist literature”. It therefore seemed that radical interpretations of Sharia law were beginning to apply in England, with some support. Dr. Hasans' comments refer to the penal code of Saudi Arabia, "a kingdom (which) follows a narrow interpretation of Islamic law"[32] which violates many human rights because "the right hand has been cut off at the wrist as punishment for theft... Repeat offenders can lose both hands and their legs are sometimes taken for other crimes. Many are uncomfortable with the idea of ​​linking Sharia law to civil law in Britain. Writing in the Sunday Telegraph, Michael Nazir-Ali wrote: “There are already pressures to link aspects of Sharia law to civil law in Britain. To some extent this is already true for Sharia-compliant banking arrangements, but have the far-reaching implications of this been fully considered? In the House of Commons it was argued that women were "oppressed by religiously sanctioned sex discrimination in this country". Similarly, a group campaigning against the use of sharia law in the UK has said that the sharia council process "amounts to abuse", with women being asked to remain silent and domestic violence justified.[35 ] After Machteld Zee's interview with Shayk Abu Sayeed focused on the priority of reconciling a marriage, Zee further stated that "he is fully aware that most women who seek divorce are victims of violence ". It was then explained that "women's claims remain 'allegations' if they are not confirmed by their husbands." Therefore, one might think that, according to Sayeed and many other Islamic scholars who share his view, domestic violence is only recognized in a marriage if the wife's demands are supported with the agreement of a man. The discrimination of women as witnesses can be interpreted from the following quotation from the Quran which states: "And if two men are not.