Inspire Statement: Withdrawal of Law Society’s practice note on Sharia wills

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Inspire is pleased to learn today (25th November 2015) that the Law Society have withdrawn their practice note on sharia wills which was issued in March this year.

Inspire was deeply concerned by the practice note, which was duly promoted as ‘good practice’, and as a result instructed law firm Hogan Lovells to raise our concerns with the Law Society.

Sara Khan, co-director of Inspire said: “As a counter-extremism and Muslim women’s rights organisation, we were troubled about a number of issues the practice note raised.

Firstly, the Law Society was promoting one narrow interpretation of Sharia, despite the breadth of religious interpretations (including gender equality interpretations) and had chosen to promote a particular interpretation of Sharia law which endorsed the distribution of estates in a way that discriminates against women.”

There exist diverse religious readings of inheritance laws not only among the various schools of Islamic jurisprudence but also contemporary interpretations.  Morocco’s reform of its family law for example the Moudawana has taken on a holistic approach where the principles of the Islamic faith have been reconciled with international human rights law.

Sara Khan continued: “Secondly, we were concerned whether the Law Society had acted in accordance with its own Equality and Diversity Framework in issuing the Practice Note and with international law, in particular with the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) as well as other human rights treaties.

Thirdly, the qualifications and views of those who were referred to in drawing up the practice note was of particular concern to us as outlined in section 5 of the practice note. We highlighted our reasons to the Law Society about this.”

Inspire is pleased however that its concerns were duly noted and accepted by the Law Society.

Sara Khan added: “We would like to thank the Law Society for writing to us yesterday in informing us that the practice note has now been withdrawn and will not be replaced.  We also accept their apology and welcome the opportunity to engage and work with the Law Society in offering our guidance and advice where we are able.

“We would also like to thank Hogan Lovells for taking this case on for us and for their outstanding professionalism.”

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