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Jul 11 2014

The Solicitor’s Regulatory Authority withdraws its endorsement of the Law Society’s discriminatory practice note on Sharia wills

1398734961-protest-staged-against-law-societys-decision-to-recognize-sharia-law_4591701 (1)PRESS RELEASE
11 July 2014

Southall Black Sisters (SBS) and One Law for All welcomes the decision by the Solicitor’s Regulatory Authority (SRA), the regulatory body for solicitors, to remove the Law Society’s controversial practice note(1) on drafting ‘Sharia compliant’ wills (2) from its ethics guidance on wills. The decision clearly demonstrates that the SRA considers it inappropriate to continue to endorse the note.

The SRA decision comes after threatened legal action on gender equality grounds and represents an important step in our campaign against the Law Society. On 13 March 2014, the Law Society issued a practice note for solicitors on drafting ‘Sharia’ compliant wills. The note, which was drafted with reference to conservative if not fundamentalist Muslim ‘experts’ (3) but not minority women’s organisations, said:

… illegitimate and adopted children are not Sharia heirs…The male heirs in most cases receive double the amount inherited by a female heir… Non-Muslims may not inherit at all…a divorced spouse is no longer a Sharia heir…

This appalling institutional endorsement of direct gender and other forms of discrimination has been the subject of threatened legal action against the Law Society itself. We have demanded that the Law Society withdraw its guidance but it has resolutely refused to do so. In an extraordinary show of defiance, in a letter dated 4 June 1014, the Law Society stated that it had no intention of withdrawing the practice note and that ‘no equality and diversity implications’ arose from the note. Since receiving the SRA’s decision we have now written to the Law Society again demanding a reconsideration of their position. We are also taking further legal advice on the question of whether solicitors acting on the practice note might be themselves acting unlawfully.

Louise Whitfield of Deighton Pierce Glynn Solicitors acting on our behalf said:

I am surprised that the Law Society considers that it did not have to consult with any women’s organisations or organisations working with Muslim women, despite the fact that there are significant disputes surrounding Sharia succession rules and a wide range of interpretations as to how they should apply. The Law Society should reconsider its position and withdraw the practice note now that the SRA has agreed to remove its own reference to it.

Pragna Patel of SBS said:

It beggars belief that the Law Society can see no wrong in issuing such blatantly discriminatory and offensive guidance. It shows a racist and callous disregard for minority women’s struggles for equality and Justice in the face of encroaching illiberal religious power. The Law Society should be encouraging and legitimising an equality and human rights and not Sharia compliant legal culture. We urge the Law Society to remove its practice note which is contributing to the disturbing creation of a culture of ‘Sharia compliant’ law and policy in the UK.

Maryam Namazie from One Law for All said:

There is no place for Sharia in Britain’s legal system just as there is no place for it anywhere. Sharia – like all religious laws – is based on a dogmatic and regressive philosophy and a warped understanding of the concepts of equality and justice. It is not a rule for equals and has no place in a modern state or system of law. The Law Society must immediately withdraw its shameful guidance.

NOTES.

1. See SRA ethics guidance on drafting and preparation of wills.

2. The Reference notesaid: “If you are acting for clients for whom Sharia succession rules may be relevant you will find the Law Society’s practice note on the subject helpful.”

3. See for example: Inheritance – Regulations & Exhortations (2nd edition) by Muhammad Al Jibaly, published by Al-Hidaayah Publishing & Distribution Ltd.

FOR FURTHER INFORMATION CONTACT:

Pragna Patel, Director of Southall Black Sisters, [email protected] 02085719595.

Louise Whitfield or Sasha Rozansky of Deighton Piece Glynn, [email protected]
[email protected] 02074070007.

Maryam Namazie of One Law for All, [email protected] 077 1916 6731.

8 comments

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  1. 1
    ptfrd

    FWIW, the formatting above is slightly wrong. The paragraph starting “This appalling institutional endorsement …” is not part of the quote.

  2. 2
    Magi Gibson

    Good step forward. Well done to all those who campaigned. Solidarity from Scotland.

  3. 3
    Amirtut

    Opps, I accidently deleted by post before I submitted it, it was lengthy and talked about Islamic jurisprudence, and how it should have no place in English law, when we have a common law system.

    More Importantly; Dear Maryam,

    Some the links do not work, the first link to the SRA links to The Law Society which gives a page not found error, and same applies to the second link to the reference note which gives a page not found error, and then loops back to this article. I managed to find the correct link but for some unknown reason it also does not work: http://www.sra.org.uk/solicitors/code-of-conduct/guidance/guidance/Guidance-on-the-drafting-and-preparation-of-wills.page as of when I tried it at the time of posting this comment.

  4. 4
    Amirtut

    There is a misspelling in sharia spelt “shaira typo in your link that is why its not directing to correct page here is the correct link: http://www.lawsociety.org.uk/advice/practice-notes/sharia-succession-rules/

  5. 5
    ptfrd

    Currently the whole sra.org.uk website is malfunctioning. (Looks like it runs Microsoft server software.) See http://www.isitdownrightnow.com/sra.org.uk.html

  6. 6
    Maryam Namazie

    Thanks for heads up on formatting and link problems. Will fix them.

  7. 7
    Amirtut

    You’re welcome by the way the link problems were the same on the SBS release, when I checked them. I’m having a read through on sharia succession rules.

  8. 8
    ptfrd

    And now the sra.org.uk website has been fixed. Their ethics guidance on wills (now) has no mention of Sharia.

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