The Law Society, an organization representing British lawyers, has issued guidance allowing its members to write “Sharia compliant” wills that could potentially discriminate against women and non-Muslims, the British newspaper the Telegraph is reporting.
According to the paper, which characterized the guidelines as “ground-breaking,” the wills written by non-Muslim lawyers and designed to be recognized in British courts, could “deny women an equal share of inheritances and exclude unbelievers altogether.” As well, the legal documents could “prevent children born out of wedlock – and even those who have been adopted – from being counted as legitimate heirs” in keeping with Sharia law.
It further reported that anyone married in a church or in a civil ceremony – rather than a Muslim wedding – could be excluded from inheritance.
“The guidance goes on to suggest that Sharia principles could potentially overrule British practices in some disputes, giving examples of areas that would need to be tested in English courts,” the Telegraph wrote, adding that at present Islamic law is not formally included in British law.
There are currently unofficial Sharia courts in Britain’s Muslim communities that help Muslim families with issues relating to commercial contracts, domestic violence, and inheritance disputes.
The Telegraph wrote that “the new Law Society guidance represents the first time that an official legal body has recognized the legitimacy of some Sharia principles.”
The document laying out the guidance explains how lawyers handling Sharia wills could have to take into account men with multiple wives.
“The male heirs in most cases receive double the amount inherited by a female heir of the same class,” the guidance says as quoted in the Telegraph. “Non-Muslims may not inherit at all, and only Muslim marriages are recognized.”
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