Thursday, June 12, 2014

British Supreme Court: Civil Courts May Decide Religious Doctrine To Settle Legal Disputes

In Shergill & Ors v Khaira & Ors, (UK Sup. Ct., June 11, 2014) the United Kingdom Supreme Court held that British courts should not treat religious disputes as non-justiciable "where the determination of the dispute is necessary in order to decide a matter of disputed legal right...."  The case involves a dispute over who are the proper trustees in three Sikh temples and the powers which trustees may exercise.  The Supreme Court held in part:
... courts do not adjudicate on the truth of religious beliefs or on the validity of particular rites. But where a claimant asks the court to enforce private rights and obligations which depend on religious issues, the judge may have to determine such religious issues as are capable of objective ascertainment. The court addresses questions of religious belief and practice where its jurisdiction is invoked either to enforce the contractual rights of members of a community against other members or its governing body or to ensure that property held on trust is used for the purposes of the trust....
... the court may have to adjudicate upon matters of religious doctrine and practice in order to determine who are the trustees entitled to administer the trusts. Subject to further amendment of the parties’ cases, the question whether Sant Jeet Singh has power to appoint and dismiss trustees may depend on issues such as (i) what are the fundamental tenets of the First Holy Saint and the Nirmal sect, (ii) what is the nature of the institution at Nirmal Kutia in India, (iii) what steps or formalities were needed for a person to become the successor of the First Holy Saint, and (iv) in relation to the fourth issue whether the teachings and personal qualities of Sant Jeet Singh comply with the fundamental religious aims and purposes of the trust....
[Thanks to Law & Religion UK for the lead.]