The Future of Multiculturalism: Minority Religious Traditions and the English Common Law System Alexander Goldberg

Nature of Authority Complete religious legal systems Complete religious legal systems Relationship between religious law and the law of the land Relationship between religious law and the law of the land Religious courts and secular courts Religious courts and secular courts 'Law is the embodiment of the moral sentiment of the people‘ (William Blackstone)

English Common Law System Incorporation of religious models Incorporation of religious models Separation of religious law (Lockean principles of toleration) Separation of religious law (Lockean principles of toleration) Co-existence between English and “foreign” law systems within the Common Law System i.e. arbitration tribunals Co-existence between English and “foreign” law systems within the Common Law System i.e. arbitration tribunals

Battei Din Example of Arbitration Act Brief History Brief History Disputes between Jews must be settled by Beth Din (though mediation is encouraged) Disputes between Jews must be settled by Beth Din (though mediation is encouraged) Co-existence with and enforcement by Common Law System Co-existence with and enforcement by Common Law System Registrar System: Anglicisation of Battei Din in England Registrar System: Anglicisation of Battei Din in England Conflicts of law Conflicts of law Future of the system Future of the system

Shariah (Muslim) Law Council: An integrationist approach? Opposed to Arbitration Act Opposed to Arbitration Act Use of Islamic law advisors/fatwa in English Courts Use of Islamic law advisors/fatwa in English Courts Creating a British Shariah (to include 4 Sunni Schools plus Shia) Creating a British Shariah (to include 4 Sunni Schools plus Shia) Challenges to this system Challenges to this system Subject to Arbitration Act anyway? Subject to Arbitration Act anyway? Future of this system Future of this system

Future of Multiculturalism Separatist Approaches The establishment of Shariah Courts by groups promoting the concept of Khalifah The establishment of Shariah Courts by groups promoting the concept of Khalifah The Canadian Controversy: Conflict between human rights / equalities legislation and religious law The Canadian Controversy: Conflict between human rights / equalities legislation and religious law Anglo-Mohammedan Law during British rule in India Anglo-Mohammedan Law during British rule in India

Future Increasing utilisation of religious courts for diverse areas of disputes Increasing utilisation of religious courts for diverse areas of disputes Population indicators show that the revival of Battei Din and the demand for Shariah Councils is likely to continue Population indicators show that the revival of Battei Din and the demand for Shariah Councils is likely to continue Increasing incorporation, co-existence or a mixed model? Increasing incorporation, co-existence or a mixed model?