Israel Appoints 7 New Muslim Religious Court Judges

In Israel yesterday, Israeli President Reuven Rivlin and Minister of Justice Ayelet Shaked spoke at a ceremony at the President's residence marking the appointment of seven new judges (Qadis) to Israeli Shariah courts that adjudicate Muslim personal status matters.  (Ministry of Foreign Affairs press release.) As reported by the Jerusalem Post, two new judges were appointed to the Shariah Court of Appeals, and five were appointed to Shariah regional courts.  Both Rivlin and Shaked expressed their hope that future appointment of Qadis would include women. Shaked said that she had asked the the sub-committee that recommends appointments for the names of female candidates. Apparently they did not produce any. A bill proposed in the Knesset last year would have required that at least one woman be on the list of recommended nominees, but the government coalition partner United Torah Judaism party vetoed the bill fearing it might set a precedent for Jewish religious court judges. (See prior posting.)

Britain's 2014 Sovereign Sukuk Issuance Creates Unexpected Problem For House of Commons

In 2014, Britain in a bid to become the Western hub for Islamic finance, sold £200,000,000 in Sharia-compliant bonds-- otherwise known as sovereign Sukuk. (2014 press release) (Offering Circular).  Under the Sukuk arrangement, investors do not lend money in exchange for interest; instead they share in "rent" payments made by the government on government property which is first leased to the investors and then sub-leased back from them. One of the conditions of the arrangement is that the government property that underlies the Sukuk arrangement cannot be used in ways that violate Sharia law. This means, among other things, that no alcohol can be sold on the premises of the building.

It was reported by the Deccan Herald last week that this condition is now creating a problem for Parliament.  The 182-year old Palace of Westminster in London where the House of Commons now meets is in need of extensive repairs that it is estimated will take six years to complete. A Parliamentary committee is seeking a place for Commons to meet while the repairs are under way.  The Committee has identified Richmond House in the Whitehall district as a good fit.  The building currently houses UK's Department of Health. It is also one of the buildings that has been leased to support the 2014 Sukuk issuance. The Palace of Westminster currently has eight bars in it.  Members of Parliament will have to give up that convenience while in their temporary home.

Malaysia Court of Appeal Says Civil Courts Have No Jurisdiction Over Religious Conversions

Malaysia Insider reports that yesterday in a 2-1 decision, Malaysia's Court of Appeal held that civil courts have no jurisdiction to void a contested conversion of three children to Islam. Only Shariah courts have jurisdiction. The Ipoh High Court (a civil court) had held that the conversion certificate entered by the Registrar of Conversion did not comply with Perak Shariah law because the conversion application was made unilaterally by the children's father, instead of by the children with the father's consent.  The children's mother, now divorced from the father, has also been battling with the father over custody of the children.

Seattle Mayor Recommends Increasing Access To Sharia-Compliant Housing Loans

According to yesterday's Puget Sound Business Journal, a committee appointed by Seattle (WA) Mayor Ed Murray to come up with recommendations for increasing housing in Seattle has released its report. One of its recommendations is to find ways to increase access to Sharia-compliant housing loans. It is estimated that some 200 people are not borrowing to buy houses because of the unavailability of loans structured to avoid the interest prohibitions of Islamic law.

South African Court Awards Maintence and Child Support To Woman Divorced Only Under Islamic Law

A South African court has issued a precedent-setting ruling by awarding interim maintenance to a woman who was married and divorced under Islamic religious law, but without precedures required by South African civil law. Her husband divorced her by pronouncing a single valid talaq.   IOL News reports that in a ruling from the bench, a Durban High Court judge ruled that the cournty's Marriage Act applies.  Judge Fikile Mokgohloa awarded the woman the equivalent of $1650 (US) per month as maintenance for her and the two children and ordered the husband to pay reasonable education cost for the children not to exceed $400(US) per child per month.  The husband was also ordered to pay the equivalent of $1225(US) toward the wife's legal costs. The husband argued that under Islamic law, he was only required to pay maintenance for the wife, and then only for approximately three months (the mandatory waiting period of iddah).  The wife is now proceeding with a full civil divorce action.

European Court Will Hear Case of Greek Muslim Widow Contesting Inheritance Rules

The Guardian yesterday reported on the first case to be taken to the European Court of Human Rights by a Greek Muslim woman who objects to Greece's application of Muslim personal law to her inheritance rights. The 1923 Treaty of Lausanne between Greece and Turkey provides in part:

Article 42. The Turkish Government undertakes to take, as regards non-Moslem minorities, in so far as concerns their family law or personal status, measures permitting the settlement of these questions in accordance with the customs of those minorities....

Article 45.  The rights conferred by the provisions of the present Section on the non-Moslem minorities of Turkey will be similarly conferred by Greece on the Moslem minority in her territory.

In 2013, Greece's Supreme Court, applying Article 45, held that matters of inheritance involving Greece's Muslim minority in Thrace must be resolved by muftis under sharia law.  Chatitze Molla Sali had by will been left all her husband's property. The husband's family contested the will, and a local mufti ruled that under sharia law, Muslims may not make wills. Instead property passes according to sharia rules.

Indian Court Says Child Marriage Act Trumps Muslim Personal Law

Z News reports that in India, the Madras High Court has held that the Prohibition of Child Marriage Act 2006 takes precedence over the Muslim Personal Law (Shariat) Application Act 1937, upholding an order of a district child welfare officer preventing the marriage of a 17-year old girl.  The judge rejected the argument that Muslim personal law could be applied.  Under Shariat law, a girl may marry at age 15 when she is presumed to attain puberty. Meanwhile, a hearing is scheduled today in a public interest lawsuit filed in the Madras High Court in which petitioner is seeking an order to prevent state government officials from interfering in the marriage of Muslim girls.

Britain's Law Society Withdraws Practice Note On Drafting Sharia-Compliant Wills

Last March, the Law Society of England and Wales issued a Practice Note to assist British solicitors whose clients ask them to draw up wills that comply with Sharia law. The Law Society's action drew criticism from those who objected that such wills may deny women an equal share of an estate and exclude "illegitimate" children or unbelievers. (See prior posting.) Yesterday the Law Society announced that it has withdrawn the Practice Note, saying in part:

Our practice note was intended to support members to better serve their clients as far as is allowed by the law of England and Wales.  We reviewed the note in the light of criticism. We have withdrawn the note and we are sorry.

The Telegraph reports on reaction to the Law Society's latest action.

Issues of Interest on Tomorrow's State Ballots

Tomorrow is election day. Here are some of the ballot issues in various states that may be of interest to Religion Clause readers:

• Alabama- Statewide Amendment 1: Alabama Foreign Laws In Court.
• Colorado- Amendment 67: Definition of Personhood.
• Illinois- Advisory Question: Birth Control in Prescription Drug Coverage.
• North Dakota- Measure 1: Life Begins At Conception Amendment.
• Tennessee- Amendment 1: Legislative Powers Regarding Abortion.

Pakistani State's Supreme Court Invalidates Appointments of State's Shariat Court Judges

The Supreme Court of the Pakistani state of Azad Jammu and Kashmir has handed down a decision invalidating the procedures for appointing the jurisdiction's Shariat Court judges. In Mughal v. Azad Government of the State of  Jammu and Kashmir, (AKJ Sup. Ct., Aug. 25, 2014), the Court concluded that appointments to the Shariat Court since 1993 are void because the law did not provide for consultation with the relevant chief justices before Shariat Court judges are appointed, did not provide for removal of Shariat Court judges for misconduct or incapacity, and did not require appointment of at least one Islamic legal scholar to the court. In order to avoid the order creating a vacuum, the Supreme Court instructed the government to immediately appoint High Court judges as judges of the Shariat Court as well. Pakistan's Daily Times reports on the decision, which it says was released on Sept. 17.

India's Supreme Court Rules Sharia Courts Legal As Advisory Bodies, But Should Not Issue Rulings Unless Requested By Party Affected

In Madan v. Union of India, (India Sup. Ct., July 7, 2014), petitioner challenged the legality of Muslim Sharia Courts set up around the country and supported by the All India Muslim Personal Law Board.  The suit was filed after publicity about a case in which a Muslim Court ruled that a married woman who was raped by her father-in-law could no longer remain married to the son. The Fatwah in the case was apparently issued without its being requested by any of the parties immediately involved.  A 2-judge panel of India's Supreme Court refused to order Muslim courts dissolved, saying:

A Qazi or Mufti has no authority or powers to impose his opinion and enforce his Fatwa on any one by any coercive method.... It has no legal sanction and can not be enforced by any legal process.... The person or the body concerned may ignore it ....

However the court was troubled by Fatwas issued at the behest of third parties, saying that they create "serious psychological impact" on the person who chooses to ignore them.  Therefore, it ruled that Muslim courts should not issue Fatwas affecting the rights, status or obligation of an individual unless that person has asked for a ruling. AP reports on the decision.

Oklahoma Must Pay $304,000 In Plaintiffs' Attorneys Fees In Anti-Sharia Law Case

An Oklahoma federal district court last week (May 14) ordered members of the Oklahoma State Election Board to pay $304,000 in attorneys' fees and costs to plaintiffs in Awad v. Ziriax. (Full text of order.) In the case, plaintiffs successfully prevented the Election Board from certifying voter approval of an anti-Sharia state constitutional amendment. (See prior posting.)  The Oklahoman reports on the order.

Sudanese Woman Sentenced To Flogging and Death For Apostasy and Supposed Adultery

CNN reports that in Khartoum, Sudan this week, a court has sentenced  27-year old Meriam Yehya Ibrahim to death by hanging for apostasy and to 100 lashes for adultery after she refused to recant her Christian faith.  Ibrahim was born to a Sudanese Muslim father and an Ethiopian Orthodox mother. Her father left when she was 6 years old and she was raised by her mother as a Christian. She married, has a 20-month old son and is 8 months pregnant with their second child. However because her father was Muslim, under Sudanese personal status law (based on Sharia) Ibrahim is still considered Muslim, and her marriage to a non-Muslim man is considered void-- hence the adultery charge. Ibrahim is in custody with her 20-month old son.  The verdict can be appealed. Amnesty International has strongly protested the sentence.

Brunei Postpones Phase-In of Sharia Criminal Code

The small southeast Asian nation of Burnei has postponed implementation of a new sharia criminal code that had been scheduled to take effect today. According to AFP, no new date has been given for implementing the phase-in of sharia penalties that eventually will include flogging, severing of limbs and death by stoning. AFP says:

Burnei’s Sultan Hassanal Bolkiah — the driving force behind sharia — is visiting Singapore, and the government is believed to be waiting for the all-powerful Islamic monarch to return before introducing the sensitive legal code.

But the delay could feed perceptions of hesitation by the 67-year-old sultan — one of the world’s wealthiest men — who earlier this year faced a backlash from the country’s social-media-savvy citizens.

UAE Appeals Court Says Murder Conviction To Be Decided By Sharia Procedure

The National reported yesterday that in the United Arab Emirates the appeals court has held that a trial court murder conviction of two cousins who allegedly shot an Omani while on a desert hunting trip was supported by strong suspicion but not by a confession or by witnesses to the crime. So the court held that guilt or innocence should be determined by the Sharia procedure of Qasama. According to the report:

During Qasama, the victim’s heirs are asked to swear a religious oath a total of 50 times that they believe the defendant killed the victim. They also have the choice of reverting the Qasama back to the defendant and making them take the oath 50 times that they did not commit it. If they decline from either option then the case is dropped.

British Government Proposes Shariah-Compliant Student Loan Program Alternative

Last week, the British government's Department for Business, Innovation and Skills announced a proposal to make available Shariah-compliant student loans to Muslim students.  (Full text of Consultation On a Shariah-Compliant Alternative Finance Product).  The Executive Summary explains the proposal in part as follows:

In September 2012 changes to higher education funding mean that students are able take out student loans for tuition of up to £9000 for each year of study. These post-2012 loans carry a different rate of interest, above inflation, to student loans issued before September 2012. 

Some students, whose religious beliefs may forbid the taking out of a loan that bears interest, may be unable to take advantage of student loans because of this change. This could make it more difficult for them to benefit from higher education. 

The Government have been exploring the possibility of making an alternative student finance product available. This finance product would be Sharia-compliant and overseen by a Sharia advisory committee. Any such alternative finance product would not result in a student being in any way disadvantaged or advantaged over a student who took out a traditional student loan. Both the size of the finance and the repayment amounts would be equivalent between the two systems. The model of the proposed product could be applied for in the same way as a traditional loan: through the Student Loans Company (SLC).

The Telegraph reports on the proposal. [Thanks to Alliance Alert for the lead.]

Britain's Law Society Taking Heat For Guidance To Lawyers On Drafting Wills For Muslim Clients

The Telegraph reports today that members of Britain's Parliament are calling for an investigation by the House of Commons into a March 13 Practice Note issued by The Law Society to assist British solicitors whose clients ask them to draw up wills that comply with Sharia law. (Full text of Sharia succession rules Practice Note.) Some are accusing The Law Society of giving its stamp of approval to wills that deny women an equal share of an estate and exclude "illegitimate" children or unbelievers.  The Law Society says it was merely responding to requests from lawyers for guidance in helping Muslim clients carry out their wishes.

Maldives President Refuses To Sign Sexual Offenses Bill Because of Conflicts With Shariah Law

Minivan News reported last week that in the Maldives President Abdulla Yameen returned to the parliament (People's Majlis) for reconsideration a Sexual Offenses Bill passed in late December by a vote of 67-2.  The President sent parliament a 46-page memo (full text in Dhivehi) setting out concerns the Attorney General had raised about the bill, including that some of the provisions are contrary to Islamic Shariah. After the Majilis passed the bill, Vice President of the Fiqh Academy Dr Mohamed Iyaz Abdul Latheef criticized the bill as inconsistent with Islamic law because it categorized as rape non-consensual intercourse with one's wife while divorce or dissolution proceedings are pending, during a mutually agreed separation, or in order to intentionally transmit a sexually transmitted disease. Dr. Iyaz said: "With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need," even if the woman has filed for divorce. Also, he said, the woman's consent would not be needed when after a conditional divorce the man decides to renew the marriage during the waiting period.

First Woman On Pakistan's Shariat Court Sworn In

Pakistan's Daily Times reports that the first female judge to serve on Pakistan's Federal Shariat Court was sworn in yesterday. The new Muslim Judge is 56-year old Ashraf Jehan who was previously serving as an additional judge at the Sindh high court. Under Chapter 3A of Pakistan's Constitution, the Federal Shariat Court has jurisdiction to decide whether any federal or provincial law is inconsistent with Sharia, and thus invalid.  The court may also review criminal court decisions involving Hudood Ordinances. Shariat Court judges are appointed by the President of Pakistan.

Maldives Parliament Sends Penal Code Back To Committee Over Concerns About Consistency With Sharia Law

In the Maldives yesterday, Parliament rejected a draft of a new Penal Code that has been under review by Parliamentary committees for seven years.  Minivan News reports that the proposed law-- the first draft of which was prepared by University of Pennsylvania law professor Paul Robinson-- was sent back to committee for more revisions. Many of the opponents of the current draft say that it does not adequately reflect Sharia law. In particular they are concerned that it does not reflect certain fixed punishments required by Islamic law. More broadly, another lawmaker reflected the view of some scholars that it is blasphemous to "rephrase divine laws in Islamic Sharia into separate articles in a law." The Maldives claims to be 100% Muslim. Other critics were concerned about the short time (3 days) the bill was open for amendments from the floor of Parliament.  A Dec. 24 Minivan News article has further background on the proposed Penal Code and links to the two volumes of text and commentary.