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Kirk welcomes Sharia courts into Scotland

Convener says settling disputes within faith communities is not a new premise

A senior Kirk official today welcomed news about the possibility of introducing Sharia law courts into Scotland.

Rev Ian Galloway, convener of the Church and Society Council, felt that Sharia courts had been unfairly portrayed following the Archbishop of Canterbury's comments last February.

Mr Galloway commented:

"The advent of Sharia courts in Scotland should herald a time of reflection and interest not fear and outrage.

"What Sharia courts bring to our society is another method of dispute resolution. It is a particular group choosing to avoid the expense and time of using the Court System and instead resolving disputes based on a particular faith based ethical framework.

"What is being brought to us is not some kind of parallel jurisdiction that replaces our legal system; rather it is a space, within a given community, for disputes to be resolved."

He insisted the Church had no problem, so long as Sharia courts met three crucial standards:

"Its rulings must not preclude recourse to the courts for the parties involved. The decisions must not break the fundamental tenets of the Human Rights Act upon which our legal system is now based. In that regard, the rights of women in particular must be respected.

"We would apply these standards to any method of dispute resolution, including to changes in our own laws and legal system and so it is for consistency that we would expect the same of Sharia Courts or any other dispute resolution system."

He also pointed out that Church members have long been using the Kirk as an arbitrator to settle disagreements, highlighting that this aspect of Sharia law was not a new premise.

Mr Galloway cited church buildings as an example:

"When two congregations are told they are becoming a united charge and one building must be closed, the Kirk must sort any resulting row.

"Where arbitration is the chosen method, both parties agree to respect the final decision. This is one way of a faith community settling a dispute without having to resort to the Church's own courts.

"Or an arbiter might be chosen by parties to resolve a low-grade neighbourhood dispute, so long as both parties agree to trust his or her judgement on the matter: and the arbiter might conceivably be a religious figure, like a minister or priest.

"That, simply, is the sort of thing that is meant by arbitration."

Ends

Note to News Desks:

nr/62/10/08

Thursday 9, October 2008

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