Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the ruling by the Grand Committee of the European Court of Human Rights in the case of Molla Sali v. Greece on the application of sharia law, issued on 19 December 2018; what plans, if any, they have to (1) provide support to women and girls in the UK who suffer as a result of the application of sharia law, and (2) ensure that relevant vulnerable people are made aware of their rights in relation to the application of sharia law within the UK judicial system.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Grand Chamber found that the difference of treatment suffered by the applicant, as a beneficiary of a will drawn up in accordance with the Greek Civil Code by a testator of Muslim faith, as compared to a beneficiary of a will drawn up in accordance with the Civil Code by a non-Muslim testator, had no objective and reasonable justification, contrary to the applicant’s rights under Article 14 of the European Convention on Human Rights read in conjunction with Article 1 of Protocol No. 1 to the Convention. The Government’s initial assessment is that the judgment does not affect inheritance law in England and Wales. Inheritance law in Scotland and Northern Ireland is a devolved matter.
People may choose to abide by the interpretation and application of Sharia principles if they wish to do so, provided their actions do not conflict with the national law. All individuals retain the right to seek a remedy through the English and Welsh courts in the event of a dispute, and the law of England and Wales in relation to the inheritance of property prevails.
The independent Sharia review was published in February 2018. The Government’s commitments in response, including supporting awareness raising campaigns with voluntary organisations, can be found in the Integrated Communities Strategy green paper published in March 2018.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what was the total amount paid out for unlawful detention claims in 2017.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Information for the 2017-18 financial year is still going through audit and validation processes. This will be available once these processes are complete.