词条 | Muslim Arbitration Tribunal |
释义 |
|name = Muslim Arbitration Tribunal |image = |image_border = |size = |caption = |abbreviation = |motto = |formation = 2007 |extinction = |type = |status = |purpose = to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Law.[1] |registration_id= |headquarters = Hijaz Manor, Watling Street, Nuneaton, CV11 6BE |location = |region_served = UK |membership = |language = |leader_title = |leader_name = Faiz-ul-Aqtab Siddiqi |leader_title2 = |leader_name2 = |main_organ = |num_staff = |num_volunteers = |budget = |website = {{URL|http://www.matribunal.com/}} |remarks = }} The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England. It is one of a range of services (Islamic Sharia Council is another) for Muslims who wish to resolve disputes without recourse to the courts system.[2] According to Machteld Zee, the MAT differs from other Sharia councils in that their ‘core business’ is arbitrating commercial disputes under the Arbitration Act 1996.[3] The tribunals were set up by lawyer Faiz-ul-Aqtab Siddiqi and operate in London, Bradford, Manchester, Birmingham and Nuneaton. Two more were originally planned for Glasgow and Edinburgh.[4] Rulings can be enforced in England and Wales by both the County Courts and the High Court. The media have described a system of Islamic Sharia courts which have the power to rule in civil cases.[4]{{Dead link|date=January 2019}} As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[4]{{Dead link|date=January 2019}} Legality and powersThe MAT operates under Section 1 of the Arbitration Act which states that: “the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”.[5] As such it operates within the framework of English law and does not constitute a separate Islamic legal system. Under the Act they are deemed to be "arbitration tribunals".[4]{{Dead link|date=January 2019}} The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[5][6] A talaq can be granted to recognise divorce.[5][6] A sharia marriage has no bearing on personal status under UK law.[7] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses. Criticism and controversyDominic Grieve of the Conservative Party has stated: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so."[4]{{Dead link|date=January 2019}} An e-petition to the UK government to prohibit and criminalise sharia courts received over 15,000 signatures. The government issued a response, stating that sharia rulings are only permitted if legal under UK law.[8] See also{{Portal|Islam|United Kingdom}}
References1. ^{{cite web|title=Muslim Arbitration Tribunal|url=http://www.matribunal.com|website=matribunal.com|accessdate=6 September 2015|archive-url=https://web.archive.org/web/20150912095309/http://www.matribunal.com/|archive-date=2015-09-12|dead-url=no|df=}} 2. ^"30 councils were identified [...] certain small councils based in local community Mosques or local organisations had been missed" Bano, Samia.(2002-10-02) "An exploratory study of Shariah councils in England with respect to family law." p15. 3. ^{{cite web|last1=Zee|first1=Machteld|title=What happens at Sharia councils? Part Three: The Muslim Arbitration Tribunal|url=http://leidenlawblog.nl/articles/what-happens-at-sharia-councils-part-three-the-muslim-arbitration-tribunal|website=Leiden Law Blog|accessdate=6 September 2015|date=August 17, 2013}} 4. ^1 2 3 4 {{cite news|url=http://www.thesundaytimes.co.uk/sto/Migration/article235989.ece |title=Revealed: UK’s first official sharia courts|publisher=Times Online |date=2008-09-14 |accessdate=2010-01-04 | location=London | first=Abul | last=Taher}} 5. ^1 2 {{cite news |last=Rozenberg |first=Joshua |url=https://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/2957692/What-can-sharia-courts-do-in-Britain.html |title=What can sharia courts do in Britain? |publisher=Telegraph |date=2008-09-14 |accessdate=2010-01-04 |location=London |archive-url=https://web.archive.org/web/20090427073058/http://www.telegraph.co.uk/news/newstopics/lawreports/joshuarozenberg/2957692/What-can-sharia-courts-do-in-Britain.html |archive-date=2009-04-27 |dead-url=no |df= }} 6. ^1 "Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid." {{cite web|title=Divorce|url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/divorce?view=Binary|work=www.ukba.homeoffice.gov.uk|publisher=UK Border Agency|accessdate=25 April 2013|archive-url=https://web.archive.org/web/20121007004105/http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nisec2gensec/divorce?view=Binary|archive-date=2012-10-07|dead-url=no|df=}} 7. ^"To get married in an Anglican church, contact your local church [...] For all other marriages or civil partnerships you must give notice at your local register office." {{cite web|title=Marriages and civil partnerships in the UK|url=https://www.gov.uk/marriages-civil-partnerships|work=gov.uk|publisher=UK Government Digital Service|accessdate=25 April 2013|archive-url=https://web.archive.org/web/20130320200828/https://www.gov.uk/marriages-civil-partnerships|archive-date=2013-03-20|dead-url=no|df=}} 8. ^{{Cite web |url=http://epetitions.direct.gov.uk/petitions/48352 |title=Archived copy |access-date=2013-09-02 |archive-url=https://web.archive.org/web/20130914080933/http://epetitions.direct.gov.uk/petitions/48352 |archive-date=2013-09-14 |dead-url=no |df= }} External links
3 : Sharia in Europe|Islam in the United Kingdom|Dispute resolution |
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