A prominent sharia court has been accused of “sabotaging” criminal proceedings to protect alleged perpetrators of domestic violence against women.
The Muslim Arbitration Tribunal (Mat) in Nuneaton, Warwickshire, is one of the most influential of about 80 Islamic “councils” in Britain.
It rules on disputes within Muslim communities and says on its website that it can make submissions to the Crown Prosecution Service (CPS) to “reconsider” criminal charges against men accused of assaulting their partners.
The tribunal says that it tries to provide “reconciliation” services after men have been charged with domestic violence.
“The terms of such a reconciliation can then be passed by the Mat to the Crown Prosecution Service [CPS] through the local police domestic violence liaison officers with a view to reconsidering the criminal charges,” its website states.
The Sunday Times reported in 2008 that the tribunal had intervened in six cases of domestic violence. It ordered the men to take anger management classes and undergo mentoring from community elders. There was no further punishment. In each case the women subsequently withdrew the complaints they had lodged with the police.
In evidence that was submitted to a home affairs select committee inquiry into sharia courts by the Southall Black Sisters, a group that helps vulnerable women, the strategy of asking the CPS to “reconsider” cases is described as an “attempt to sabotage criminal proceedings”.
“The Mat actively involves itself in criminal proceedings on domestic violence. It uses its position of power to persuade the CPS to drop charges and to encourage women to reconcile with abusive partners without reference to court orders they may already have or to risk assessments and safety planning,” the organisation’s submission claims.
Lord Macdonald, the former director of public prosecutions, expressed concern at the approach adopted by the tribunal. “Women have been struggling for justice in domestic violence cases for decades. We need to support them rather than trapping them in blind alleys designed to contain them,” he said.
“When a formal criminal charge is laid it is not appropriate for an extrajudicial institution to bring the victim and her alleged attacker together to seek a ‘resolution’ beyond the control of the UK courts and certainly not where that institution itself has a questionable approach to the rights of women and to their supposed place in society.
“The dangers inherent in such a process, particularly to a woman who might find herself isolated and alone and who has been subjected to violent and criminal domestic attack, are too obvious to elaborate.”
The parliamentary inquiry into sharia courts, which have been allowed to dispense Islamic justice in the UK since 1982, is due to hear from several witnesses this week.
The Mat said: “We condemn actions taken by anyone to restrict or impede the pathway to justice sought by any victim of domestic violence.
“Mat will continue to assist unfortunate victims of domestic violence in seeking resolution through mediation when such victims choose to and want to engage with the services of Mat.
“We firmly believe that many conflicts can be resolved through sensible mediation if that is the desire of the parties.”
The CPS said: “Cases are kept under constant review and we only discontinue proceedings if the evidence is no longer sufficient to provide a realistic prospect of conviction or if it is not in the public interest.”