Association of Muslim Lawyers - Integration of Islamic Law

Integration of Islamic Law

They have also proposed that Muslim personal law should be recognised by English domestic law, so that Muslim marriages and divorces are recognised as legally valid – and the estates of Muslims who die without leaving a will are automatically distributed in accordance with the Sharia, not the laws of intestacy. This means that the decisions of properly constituted Sharia courts would have to be recognised by the English civil courts as being legally binding and enforceable in the civil courts. In effect this mechanism will be another form of Alternative Dispute Resolution which should serve to lessen the workload of the civil courts.

In the meantime AML has been active in encouraging Muslims to make Islamic wills which are valid as regards the technical requirements of English law and which stipulate that their wealth is to be divided in accordance with the Sharia after they have died. As part of this initiative AML has also been involved in training lawyers who wish to provide an Islamic Wills service.

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