Why is the UK Law Society throwing its weight behind a regressive form of Islam?

More on the UK Law Society’s drafting of guidance of sharia-compliant wills, and the impact this has on already vulnerable women in some Muslim communities:

But this isn’t the whole story: both practically and symbolically the move undermines the axiom that all British people – male and female; gay and straight; Muslim, Christian and atheist – should be equal under the law. As Charlie Klendijan of the Lawyers’ Secular Society explained to me, “The Law Society’s guidance notes have a special influence and prestige. They’re the recognised benchmark of ‘good practice’ for all solicitors, so they have a major impact on how law is practiced in this country. By publishing this guidance note, it has effectively legitimised sharia in the eyes of the legal world.” …

But British Muslims aren’t a single culture with a monolithic faith, and it’s not up to the Law Society to decide which understanding of “sharia practice” is correct. Instead of producing a neutral description of sharia, it has effectively issued a declamation on behalf of a regressive, reactionary version of Islamic jurisprudence that more liberal-minded Muslims fight bravely against.

For an organisation ostensibly committed to the liberal values enshrined in British law to join the theological fray on the conservative side is a cruel blow to reformist Muslims. …

What makes the controversy over these guidelines all the more absurd is their utter pointlessness. The Law Society ought simply to remind its members that their job is to provide legal, not religious, advice: clients looking for guidance on what sharia requires should be advised to consult an Islamic authority of their choice.

The nature of British Islam in not fixed: both moderates like Dr Hasan and reactionaries with their flyblown dogma hope to inherit a greater share of its future. The case continues and continues. Meanwhile is it too much to ask of the Law Society to refrain from taking sides?

Why is the Law Society throwing its weight behind a regressive form of Islam? – Comment – Voices – The Independent.

About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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