Recognition and Application of Sharia Law in the UK - Research Paper Example

In the UK  Muslims have increasingly made inroads into the recognition and application of Sharia law via the process of arbitration. This paper researches the significance of Sharia law for Muslims, the extent to which it conflicts with the rule of law in non-Muslims states and Muslims living abroad have adjusted to this discrepancy. This will be evaluated by reference to the recognition and application of Sharia in the UK courts. or “surrender” to God and those who submit are Muslim.

2 Even so, the Sharia concept is not limited to legal guidance as it also encapsulates the way in which Muslims conduct their daily lives. In this regard, Sharia is a pivotal part of Muslim society.3 In order to evaluate the recognition and application of Sharia law in the UK it is first necessary to establish its place within Muslim society by reference to its history and evolution. This chapter will therefore set forth the background to Sharia law setting up its framework for Islam and its significance for individual Muslims and Islam as an institution.

Sharia evolved as a duty-based institution comprised of “ritual, legal and moral obligations” which are the cornerstones of the Islamic religion.4 The Koran itself ordains arbitration characterized by justice established by truth, the duty to comport with contractual obligations and to ensure that trust is returned to the owner. Family law is Koran oriented and emphasizes how individuals should treat women, children, orphans and other relatives and dependents. Penal laws as provided for in the Koran provide for moral sanctions against transgressions.

5 The rationale for Ismalic/Sharia law was to ensure that orphans, women and those who were generally characterized as dependents enjoyed an improved position.