Muslim Arbitration Tribunal
Encyclopedia
The Muslim Arbitration Tribunal is a form of alternative dispute resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...

 which operates under the Arbitration Act 1996 which is available in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 to Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

s who wish to resolve disputes without recourse to the courts system. The "tribunals" were set up by lawyer Sheikh Faiz-ul-Aqtab and operate in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

, Bradford
Bradford
Bradford lies at the heart of the City of Bradford, a metropolitan borough of West Yorkshire, in Northern England. It is situated in the foothills of the Pennines, west of Leeds, and northwest of Wakefield. Bradford became a municipal borough in 1847, and received its charter as a city in 1897...

, Manchester
Manchester
Manchester is a city and metropolitan borough in Greater Manchester, England. According to the Office for National Statistics, the 2010 mid-year population estimate for Manchester was 498,800. Manchester lies within one of the UK's largest metropolitan areas, the metropolitan county of Greater...

, Birmingham
Birmingham
Birmingham is a city and metropolitan borough in the West Midlands of England. It is the most populous British city outside the capital London, with a population of 1,036,900 , and lies at the heart of the West Midlands conurbation, the second most populous urban area in the United Kingdom with a...

 and Nuneaton
Nuneaton
Nuneaton is the largest town in the Borough of Nuneaton and Bedworth and in the English county of Warwickshire.Nuneaton is most famous for its associations with the 19th century author George Eliot, who was born on a farm on the Arbury Estate just outside Nuneaton in 1819 and lived in the town for...

. Two more are planned for Glasgow
Glasgow
Glasgow is the largest city in Scotland and third most populous in the United Kingdom. The city is situated on the River Clyde in the country's west central lowlands...

 and Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...

. Rulings can be enforced in both the County Courts and the High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...

. The media have described a system of Islamic Sharia courts which have the power to rule in civil cases. As of 2008 the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.

Legality

The MAT operates under Section 1 of the Arbitration Act which states that: “the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”. As such it operates within the framework of English law and does not constitute a separate Islamic legal system. Under the Act they are deemed to be "arbitration tribunals".

Powers

The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law. A talaq
Divorce (Islamic)
In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....

 can be granted to recognize a divorce. The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.

Criticism

The Daily Mail alleges that women could receive less favourable treatment under this form of dispute resolution.

Political reaction

Dominic Grieve
Dominic Grieve
Dominic Charles Roberts Grieve, QC MP is a British Conservative politician, barrister and Queen's Counsel.He is the Member of Parliament for Beaconsfield and the Attorney General for England and Wales and the Advocate General for Northern Ireland.-Early life:Grieve was born in Lambeth, the son of...

of the Conservative Party has stated: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so."
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