I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

ENGLISH LEGAL PRACTICE OR THE TALIBAN`S VERSION OF LAW?

 09. Jan. 2010. – 12:12:24

There is a simple question to be answered which is the basis of today`s observations. And that question is whether or not English Law and its peripheral requirements are supreme when in direct opposition to supposed religious practice. My comments are based not on my expert knowledge of law....magistrates are not legally qualified.......but more from a philosophical and logical understanding of the consequences of a District Judge`s decision recently at Luton Magistrates` Court where she accommodated the requirements of Islamic fundamentalists who have no respect for English jurisprudence and its traditions. In my opinion Islamists are as much to be compared to Muslims as are the Ku Klux Klan to Christians.

In the matter in question seven Islamic defendants when brought into court to face charges of using threatening, abusive, insulting words and behaviour likely to cause harassment, alarm and distress to others refused to stand when the Judge entered the courtroom stating that it was a grave sin in their religion to stand to show respect for anybody except Allah. Reports do not make it clear but apparently although they were warned of the legal consequences of contempt of court they were removed from court, the Judge remained and they were then returned to court where they entered the dock and sat immediately. The case continued. That the defendants were following accepted Islamic practice has been rejected by many scholars including Mohammed Ali Musawa of the anti-terrorist think tank the Quilliam Foundation who stated that to stand to show respect for the institution of law in the person of a judge or magistrate is perfectly compatible with Muslim practice. I myself have used similar words to a defendant who refused to stand when requested.

Is this elevation of so called religious practice to supersede non denominational English legal practice? If Jedi Knights recorded in the last census as being the religion of thousands appeared wearing full face helmets are those to be tolerated? Would pagans waving various tree branches as part of their "religion" be tolerated doing so in defiance of a court`s request. There are many absurdities which could be quoted but the principle is clear. Luton is where there was a case in 2004 of a child insisting on wearing a headscarf to school against the wishes of her head teacher. A High Court judge said the school's uniform policy was aimed at the proper running of a multi-cultural, multi-faith secular school and headscarves were forbidden. The legal system is not an archaic form of control; it evolves over the years to accommodate requirements of a changing society but a fundamental basis of our system is equality before the law. Thus eg there is affirmation for those who do not want to swear on a holy book be it Bible,Koran or Ghita; religious Jews and Rastafarians can keep their heads covered in court but above all this is a democracy not a theocracy. Religious practice must be subservient to the law where the two coincide. A couple of weeks ago The Jewish Free School`s appeal against its entry requirements based on the "who is a Jew" religious concept failed. They were found to be illegal in English law.

Generally the happenings at the level of Magistrates` Courts do not set precedents. I do not have to be a betting man to say that it won`t be long before similar actions are attempted before a judge at a Crown Court. I would hope that when that happens the good judge will have more consideration for the underlying nature of our open and secular society than those in our midst who mouth equal/human rights and/or support for the Taliban and wish to import to this country the intolerance they espouse in Afghanistan.

No comments:

Post a Comment