*Expansion of Shariah into West hits roadblock*

Posted By *Bob Unruh* On 11/28/2014

The association that serves United Kingdom solicitors worldwide has
reversed course on its accommodation of Islamic law, or Shariah,
withdrawing an advisory that effectively implemented Muslim inheritance
restrictions in the British legal system.

The short announcement
<http://webcache.googleusercontent.com/search?q=cache:DgefvMaBTRcJ:www.lawsociety.org.uk/news/press-releases/law-society-withdraws-sharia-succession-principles-practice-note/+&cd=3&hl=en&ct=clnk&gl=us>
simply said Britain’s Law Society <http://www.wnd.com/lawsociety.org.uk>
“has withdrawn” the advisory on Islamic inheritance requirements after
receiving “feedback.”

Andrew Caplen, the president, said: “Our practice note was intended to
support members to better serve their clients as far as is allowed by the
law of England and Wales. We reviewed the note in the light of criticism.
We have withdrawn the note and we are sorry.”

WND reported earlier this year <http://wnd.com/?p=684973> when the Law
Society issued the advisory, which focused on drawing up “Shariah
complaint” wills. The guidance allowed solicitors to write Islamic wills
that denied women an equal share of inheritances and excluded non-Muslims,
children born out of wedlock and even adopted children.

A search of the Law Society’s website Wednesday showed the documents still
listed but no longer accessible.

At the Volokh Conspiracy
<http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/25/sharia-compliant-wills-english-bar-association-withdraws-advice-on-how-to-draft-them/>
blog, constitutional expert Eugene Volokh wrote that the language that
caused a backlash was: “Certain principles of Shariah are different to
English succession laws. For example, it is not possible to inherit under
Sharia rules via a deceased relative. No distinction is made between
children of different marriages, but illegitimate and adopted children are
not Shariah heirs.”

The advisory also explained: “The male heirs in most cases receive double
the amount inherited by a female heir of the same class. Non-Muslims may
not inherit at all, and only Muslim marriages are recognized. Similarly, a
divorced spouse is no longer a Shariah heir, as the entitlement depends on
a valid Muslim marriage existing at the date of death.”

It then said solicitors should modify a standard will to make it compliant
to Islam.

Volokh acknowledged people are generally “free to discriminate based on sex
and religion in deciding how to leave their property, and lawyers should
indeed seek to implement their clients’ desires.”

“Still, I take it that much of the question was whether the bar
association, as an organization, should counsel their members as to how to
implement such discriminatory preferences.”

Christian Institute Director Colin Hart said removal of the advisory was a
good move.

“The Law Society has made the right decision to listen to criticism and
drop this controversial guidance about Shariah-compliant wills,” he said.
“The Society was complicit in promoting and legitimizing Shariah law in the
UK by issuing this advice, at a time when we are already concerned about
the increasing Islamization of this country.”

According to a Christian Institute report, National Secular Society
Executive Director Keith Porteous Wood said: “This is an important reversal
for what had seemed to be the relentless march of Shariah to becoming de
facto British law. Until now, politicians and the legal establishment
either encouraged this process or spinelessly recoiled from acknowledging
what was happening.”

Baroness Cox, who is fighting Shariah’s influences in Britain, said: “To
have an organization such as The Law Society seeming to promote or
encourage a policy which is inherently gender discriminatory in a way which
will have very serious implications for women and possibly for children is
a matter of deep concern.”
------------------------------

Article printed from WND: *http://www.wnd.com <http://www.wnd.com>*

URL to article:
*http://www.wnd.com/2014/11/expansion-of-shariah-into-west-hits-roadblock/
<http://www.wnd.com/2014/11/expansion-of-shariah-into-west-hits-roadblock/>*




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