In a significant policy shift, the Law Society has issued an apology and withdrawn controversial guidance for solicitors on how to draft ‘Sharia-compliant wills’ that would deny women an equal share of inheritance and exclude non-Muslims entirely.
The advice, released in March this year, was intended to “assist solicitors who have been instructed to prepare a valid will, which follows sharia succession rules”.
But today, Andrew Caplen, the President of the Law Society, has apologised and announced the withdrawal of the guidelines:
"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,” he said. "We reviewed the note in the light of criticism. We have withdrawn the note and we are sorry."
The guidelines attracted severe criticism when they were published.
Baroness Cox, the cross-bench peer who campaigns against the growing influence of Sharia law in the UK, described the development as “deeply disturbing” and violating “everything we stand for”. “It would make the Suffragettes turn in their graves,” she said.
The advice was intended to help High Street solicitors draw up wills that would be recognised by British courts but reflected principles of Sharia succession.
“The male heirs in most cases receive double the amount inherited by a female heir of the same class and only Muslim marriages are recognised,” it explained, continuing “no distinction is made between children of different marriages, but illegitimate and adopted children are not sharia heirs.”
In April it was reported that the Law Society would hold a one-day training course for lawyers in June, described as an “introduction to Islamic Sharia law for small firms”. It was billed as a forerunner to a planned future seminar series on Islamic law”.
‘Quasi-legal system’
Baroness Cox has previously highlighted the threat of Sharia law in the UK, saying:
"No longer do we have a single legal code in our society. Instead, alongside our own law, there is now effectively a parallel quasi-legal system operating within some Muslim communities.
“Sharia law, imported from theocracies like Afghanistan and Saudi Arabia, first began to be used here in a strictly limited form, dealing mainly with narrow issues like Islamic financial contracts.
“But as the Muslim population has grown and the pervasive creed of multiculturalism has become ever more powerful, so sharia law has rapidly grown in influence within some communities.
“There are now estimated to be no fewer than 85 sharia courts across the country — from London and Manchester to Bradford and Nuneaton. They operate mainly from mosques, settling financial and family disputes according to religious principles.”
Christian Concern supports Baroness Cox’s ‘Equal and Free’ campaign which seeks to underline that discrimination against women in Sharia courts and councils is incompatible with English law.
‘Proper access to justice’
Commenting on today’s news, Andrea Williams of Christian Concern, said:
“I am delighted that these guidelines have been withdrawn. They were designed to facilitate the use of sharia principles that discriminate against vulnerable women and children, and which conflict with the principles of freedom and fairness found under English law.
“It is extraordinary that they were ever introduced. I am glad that the Law Society has responded to the public outcry against them.
“For many years, sharia courts have been operating freely in towns and cities across UK, with the result that many Muslim women living in Britain are unable to get proper access to justice. This is why we must continue to advocate for one law for all, to ensure that the law of our land applies freely and equally to all citizens.”
‘Safe Haven’
Christian Concern has recently launched ‘Safe Haven’ - an initiative providing confidential help to those wanting to leave Islam but fearing the consequences of doing so. Find out more here.
Read more about Islam and Sharia here.
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Related Coverage:
Sharia law guidelines abandoned as Law Society apologises (Telegraph)