According to a report by Russian news site RT, the new guidelines produced by The Law Society of UK indicated that for the first time, Sharia principles are set to be introduced into the legal system. This means that High Street solicitors will need to acknowledge the new guidelines for drawing up documents that should be based on Islamic rules. RT said it is expected that there are certain individuals who will be excluded from provisions or benefits as normally covered by a will.
The Russian news site said Sharia law, or the legal framework of Islamic law, does not have a formal presence in UK legislation, and that Muslims or believers of the Islamic faith rely on a network of unofficial Sharia courts in their communities to help families deal with certain issues. The Russian news site said that some of them are official tribunals that operate under the UK's Arbitration Act, which covers all minorities in Britain who needs aid in settling disputes legally. These tribunals help settle domestic violence and family inheritance issues, aside from commercial disputes.
One part of The Law Society Report reflects the importance of Muslim men in Islamic communities. The document read, "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."
The importance of Muslim marriages are a key factor in Islamic wills. According to RT, Sharia law only acknowledges Muslim weddings, and that any relation that is a result from a marriage in Christian church or in a civil ceremony. This means that couples did not get married in Muslim rites automatically are not recognize to avail provisions in the will. Children who were sired outside Muslim marriages and adopted children are also excluded from being recognized as legitimate heirs as well, RT said.
The Law Society Nicholas Fluck told The Sunday Telegraph that the new guidelines would help streamline differences in interpretation by solicitors in applying Sharia principles in the UK legal system. He said, "This is the first time such advice has been published and we hope it will assist solicitors with Sharia probate matters. There is a wide variety of spiritual, religious and cultural beliefs within our population, and the Law Society wants to support its members so they can help clients from all backgrounds."
Sadikur Rahman of the Lawyers Secular Society, on the other hand, is crying foul about the guidelines and said, "This raises serious questions about professional ethics and the role of The Law Society. The guidance seems not to recognize that there is a serious potential conflict between the Code of Conduct for solicitors and the guidance."
