Author Topic: Islamic Rules to be Enshrined into English and Welsh Law  (Read 280 times)

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Offline mystery-ak

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Islamic Rules to be Enshrined into English and Welsh Law
« on: March 23, 2014, 11:15:48 AM »
http://www.breitbart.com/Breitbart-London/2014/03/22/Law-Society-Sharia

 by Breitbart London 22 Mar 2014

The Law Society has issued guidance on how to use Sharia Law in Wills, Trusts and Estates disputes in England and Wales. The guidance effectively enshrines Sharia into common legal practice for the first time and will make it easier to discriminate against women and non-believers.

The rules published by the regulator of solicitors in the countries, The Law Society of England and Wales, boasts that this is the “first time guidance has been published for solicitors to assist them with the intricacies of Sharia succession rules, which is the code of law derived from the Quran and from the teachings and example of Mohammed.”

On wills themselves, the document advises legal professionals that: “Provided the will is signed in accordance with the requirements set out in the Wills Act 1837, there is nothing to prevent an English domiciled person choosing to dispose of their assets in accordance with Sharia succession rules”.

Islamic rules on inheritance include the requirement to give a son twice as much as a daughter. Adopted and illegitimate children are not entitled to inherit anything nor are non-believers.

The Law Society is officially a trade organisation for solicitors but in reality it has a much wider scope. It regulates Lawyers and can ‘strike them off’ its register, making it impossible to practice.

Lawyers are required to pay a membership fee to the Society, whether they agree with its stance on things like Sharia or not.

Conservative lawyers took to Facebook to complain to friends about the new rules, but none felt able to comment publicly because of the Law Society’s ability to end their careers.

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Offline Oceander

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Re: Islamic Rules to be Enshrined into English and Welsh Law
« Reply #1 on: March 23, 2014, 11:19:31 AM »
Quote
“Provided the will is signed in accordance with the requirements set out in the Wills Act 1837, there is nothing to prevent an English domiciled person choosing to dispose of their assets in accordance with Sharia succession rules”.



This sentence by itself proves that the author's contentions are wrong.  The operative legal regime is still English laws:  the English Wills Act 1837 must be complied with, and if it is not then the entire will is invalid, and this regardless of whether the dispositive provisions were written in accordance with Sharia, with Church Canon Law, or the doctrines of the Church of the Flying Spaghetti Monster.

Offline Fishrrman

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Re: Islamic Rules to be Enshrined into English and Welsh Law
« Reply #2 on: March 23, 2014, 11:01:57 PM »
One more article to file under "who's winning?" ...

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Re: Islamic Rules to be Enshrined into English and Welsh Law
« Reply #3 on: March 24, 2014, 02:50:53 AM »

This sentence by itself proves that the author's contentions are wrong.  The operative legal regime is still English laws:  the English Wills Act 1837 must be complied with, and if it is not then the entire will is invalid, and this regardless of whether the dispositive provisions were written in accordance with Sharia, with Church Canon Law, or the doctrines of the Church of the Flying Spaghetti Monster.


Not quite. Your will is exactly that. Your will. You can split your assets on your death in whatever fashion you decide and by whatever rule you wish to use. There are certain assumptions, for example you may not cut your wife out of your will completely since it is assumed that she had a share in creating whatever assets you have, but you can leave her with a single penny.
If you are smart enough to pre-probate your will (totally legal to do) the court is obliged by law to ensure that what you decide is effective in law, even if it means re-writing the will to make it watertight. Pre-probate is a good thing for anyone with a large or contentious family, because once it has gone through the process it can not be contested at all and is effected automatically on news of your death. No waiting, no litigation, totally automatic. It's well worth the fee to have it done and the will deposited at Sommerset House. I update my appendix A and B once a year (Assets and individual bequests, respectively, including new addresses for beneficiaries) and pay £15 to get them certified by a bored clerk and attached to my will.

It is much ado about something that has always existed.
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Offline Oceander

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Re: Islamic Rules to be Enshrined into English and Welsh Law
« Reply #4 on: March 24, 2014, 05:01:04 PM »
Not quite. Your will is exactly that. Your will. You can split your assets on your death in whatever fashion you decide and by whatever rule you wish to use. There are certain assumptions, for example you may not cut your wife out of your will completely since it is assumed that she had a share in creating whatever assets you have, but you can leave her with a single penny.
If you are smart enough to pre-probate your will (totally legal to do) the court is obliged by law to ensure that what you decide is effective in law, even if it means re-writing the will to make it watertight. Pre-probate is a good thing for anyone with a large or contentious family, because once it has gone through the process it can not be contested at all and is effected automatically on news of your death. No waiting, no litigation, totally automatic. It's well worth the fee to have it done and the will deposited at Sommerset House. I update my appendix A and B once a year (Assets and individual bequests, respectively, including new addresses for beneficiaries) and pay £15 to get them certified by a bored clerk and attached to my will.

It is much ado about something that has always existed.

Which is just a long-winded way of saying basically the same thing.  The law that matters is the law that determines whether a will is valid - will be given any effect at all - how ambiguous or disputed terms are to be construed, and whether certain public policy objectives have been met (such as, in some places, allowing a wife to elect against a will), and that is all English law.  The rest of it, namely, the minutiae of how the testator divvies up his (or her) booty, is almost all up to the testator and can be done however he/she chooses, including in conformity with the rules of some other regime, such as Sharia.


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