There has been much recent press comment about the practice of Sharia Law in the UK and suggestions that this may undermine or be a parallel system of the law to the legal system in England and Wales.

Much popular comment has however been founded on myth and misconceptions.  There seems to be a misconception that Sharia courts or other religious courts have some formal recognition of legal status.  They do not.  They can however contribute to alternative dispute resolution and mediation.  In particular, in family matters such as divorce or child disputes they can provide welcome assistance to enable parties to reach an agreement in delicate and culturally sensitive areas.

Parties can agree to be bound by the findings of an arbitration council such as a Sharia Council in trying to reach a settlement of a dispute.  Any settlement arrived at in this way can be enforced through the High Court as a legally binding agreement, but only if the parties have both previously committed themselves to accept the findings of the council.  The place of faith and religion in marriage and family life can place the Sharia Councils in a very relevant position to help resolve disputes arising in these circumstances.  Problems can arise where a system or problem resolution gives the impression that it favours one sex or group over another.  English Law develops and has developed (usually rather slowly) from a number of different influences including church law and principles, social mobility and emancipation and international influences. 

There can never and has never been a dual system of law.  A parallel legal system would be unworkable.  Where religious councils such as the Jewish Beth Din or Sharia Councils can be influential is in providing a forum within a religious faith or cultural group to enable the members of that group to reach an acceptable compromise and settlement, consistent with their beliefs and within the English system of law.

Sharia Councils are increasingly doing this and senior members of the judiciary have commented on how helpful and supportive this is to the English legal system.  That system being based on equality of all before the law.  Most legal practitioners will confirm that any agreement reached by mutual discussion and involvement of the parties to a dispute is far more likely to stick and work than one imposed on them.  Sharia Councils can therefore be seen as a useful adjunct and part of the legal system and not an alternative to it.