THE PARALLEL LAW – custom papers

On the 24th of June 2016, Europe has woken up to a new reality. In the recent referandum, the British public had voted in favor of leaving the EU. Following this BREXIT, the goverment had resigned
and a new interim government is formed. You are a seasoned politician who had been called to participate in this newly formed government. The post that had been given to you is the Minister of
Justice although you have no prior legal education or any kind of experience in the legal profession. But do not be too comfortable with your new acquired title as you are informed of a serious
problem that awaits you in your first day at Office: Your chief of staff Charles “Buddy” Roberts notifies you of a TV interview that you have to attend. The interviewer is Amal Camapour who is an
ardent feminist with a Muslim background. Bud tells you that Ms. Camapour is planning to reserve a portion of the interview air time to the issue of the growing number of the Sharia Courts and
their new ‘alarming’ position within the British legal system. Bud also adds that Ms. Camapour had shown the courtesy to allow you to freely pick 3 questions out of the 5 questions that she is
planning to direct to you. The 5 questions that Ms. Camapour is planning to direct to you are: 1- There is a growing criticism towards the existence of the Muslim Arbitral Tribunal and the Shariah
Courts within the British system. It is argued that those tribunals and so-called courts do represent a parallel legal system to the British legal system. Another criticism is about the law applied
in those courts because certain aspects of Shariah is incompatible with English law, euqality and human rights in general. It is stressed that in a modern society there must be one system and one
law governing all. How do you respond to this criticisms? Do you agree or not? 2- The defenders of the Muslim Tribunal and the Shariah courts do underline the voluntary nature of the procedure. The
parties consent to the jurisdiction of the courts and in most cases they do obey the decisions not because they are forced to but because they choose to. Do you think the State have the right to
override the consent of the parties and interfere with their personal autonomies? And if you believe so how do you justify that right? 3- Another commonly raised point is that Islam requires its
followers to obey Islamic rules in a comprehensive way. Most Muslims believe they have to live in accordance with Islamic principles. The right to believe and worship is a basic human right and
therefore should not be restricted. They believe having a Muslim tribunal and Shariah courts protect and strenghten that right. What are your thoughts on this matter? Do you agree? Can you explain
your position to our viewers? 4- Britain is undoubtly a multicultural nation. As the Minister of Justice what are your thoughts on the relation between law and culture? What will be your Ministry’s
action plan regarding that relation? The public wants to hear it in detail from you. 5- Women rights groups are amongt the fierciest critics of the Muslim Tribunal and Shariah Courts. However, in
the recent years it is observed that official complaints from Muslim women regarding decisions from such courts are rare. It seems that non-Muslim women are more annoyed than the Muslim women about
those courts and decisions. As the Minister of Justice, will you take this fact in to consideration? Can it have any bearing on your action plan? How do you explain yourself?
1- Pick the 3 questions that you are willing to answer in the live Tv interview 2- Then by working with Bud and benefitting from all the help he will provide, compose fitting answers to those 3
questions It is indeed ironic that you, as the new Minister of Justice, have no idea about the situation involving Sharia courts and their legal relevance in the British Legal system. However Bud
is always here to help you and he does provide you a dossier which includes the following: A memorandum that summarizes the legal status of the Sharia courts and the legal framework that they are
to operate within (document-1)
A collection of opinions given by various experts on the issue in hand which will shed light to the pros and cons

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