July 19, 2024


Advocacy. Mediation. Success.

An issue of justice

Whilst our possess authorized history has a grim and primitive earlier with demo by ordeal and overcome remaining changed by rough justice and the penalties of death by hanging, drawing, quatering et al – and the Individuals and other supposedly civilised jurisdictions close to the planet continue on to specific the penalty of death – we do have the right as commentators to say that  this and other cruel punishments are basic incorrect, just as we have the right to observe in this region when undesirable guidelines are produced and undesirable judgments are handed down.

We are not, by any usually means nonetheless, in a point out of grace where we can legitimately say that our Justice is excellent,  or even additional foolish –  the very best in the planet – for that degrades the evolution of our process and the work of judges who do their very best, in the key, to dispense justice inside of the confines of a flawed menu of guidelines.

That mentioned, there is a stunning tale in the Guardian today about a flawed authorized process and the amazing braveness of a younger girl who has renounced her UN immunity by resigning from her position with the United Nations to protest and take a look at the Sudanese judiciary and Islam alone as it is interpreted in that region.

Sudanese journalist quits UN position to go on demo for putting on trousers

Guardian: A  female Sudanese journalist facing forty lashes for putting on trousers in general public instructed a packed Khartoum courtroom yesterday that she was resigning from a UN position that grants her immunity so that she could obstacle the legislation on women’s dress. Lubna Hussein was among 13 girls arrested on 3 July in a raid by customers of the general public order police power on a well-liked Khartoum cafe. The girls were all putting on trousers, regarded as indecent under the strict interpretation of Islamic legislation adopted by Sudan ‘s Islamic routine. All but 3 of the girls were flogged at a police station two times later.

I have go through with some irritation ideas from Lord Phillips, the Archbishop of Canterbury and some others that we should embrace Sharia legislation principles inside of our nation,  and The Times only lately experienced a Sharia gorge fest reporting on the sights of a cleric who needs to see Sharia courts supplied increased prominence.

We are living in an significantly secular region. I take, for causes of history that the Church of England enjoys a degree of primacy,  but fairly than counsel that we embrace all religious techniques inside of our legislation, I would want to see all religious techniques and overt influences  removed from legislation and judicial hearings.  We have a typical legislation process which, though not excellent,  is evolving. That is just one of the benefits of a typical legislation process above additional structured published constitutions or civil techniques based on codes. It may possibly well lead to imperfection and inconsistency but many of these can be tempered, evened out or put right as a result of our appellate process.

This is not a crass political difficulty – it is about justice and the rule of legislation in our region.  For my aspect I do not see how we can run numerous various styles of legislation inside of our nation and I absolutely do not sense captivated by the justice of Islam when it continues, even in this region, to be manifestly oppressive to girls – most alarmingly, in this region, in conditions of the legal rights of islamic girls in relation to divorce and family legislation troubles. I have no difficulty at all with these who would like voluntarily and with informed consent to have their disputes settled by Sharia courts in this region,  but I would not would like to see these ‘courts’ have any power of legislation at all in conditions of ousting the jurusdiction of our possess courts and process of legislation – or mediation  by these courts barring the right to attraction to the courts of England & Wales.