Protest planned as good practice guide suggests male heirs ‘receive double’ that of women'.
Campaigners are demanding the Law Society tear up a practice note on ‘Sharia-compliant wills’ which they believe will lead to more discrimination against women and children born outside of marriage.
The guidance says: “The male heirs in most cases receive double the amount inherited by a female heir of the same class.
“Non-Muslims may not inherit at all, and only Muslim marriages are recognised.
"Similarly, a divorced spouse is no longer a Sharia heir, as the entitlement depends on a valid Muslim marriage existing at the date of death.”
The practice note goes on to advise lawyers to ‘amend clauses which define the term 'children' or 'issue' to exclude those who are illegitimate or adopted.
The Law Society says that its practice notes ‘represent the Law Society's view of good practice in a particular area’.
“You are not required to follow them, but doing so will make it easier to account to oversight bodies for your actions.
“Practice notes are not legal advice,” the note reads.
The Lawyers Secular Society has issued a petition urging the Law Society to withdraw its ‘discriminatory’ guidance, which, it says, legitimises discrimination against women, non Muslims and ‘illegitimate’ and adopted children.
A protest is planned for 28 April at 5.00pm.
In a statement the Lawyers Secular Society said: “Although the Law Society’s practice note does not change the law, it does undermine, for example, the way adopted children, children born out of wedlock, and children who are deemed to be of another faith are viewed.
“At the very least this practice note undermines the dignity of these children; at the worst it starts to slowly undermine the legal protections rightly afforded to them.”
The Lawyers Secular Society is also concerned that the note may lead to different rules being applied to Muslims, or people assumed to be Muslims, who die without having made a will.
It adds: “Ultimately, this guidance contributes to the ongoing legitimisation of discriminatory Sharia law practices as alternatives to egalitarian and secular English and UK laws.”
Gita Sahgal, of the Centre for Secular Space, one of the organisations supporting the campaign, described the publication as ‘very frightening’.
“It steps outside [the Law Society’s] remit. It is bad advice and it undermines equality which solicitors have a duty to uphold.
“In British law you have enormous scope to dispose of your property as you like. You can favour one child over another. What is peculiar is that the Law Society feels it needs to direct people to do so.
“Sharia-compliant smacks of Islamic fundamentalism,” she said.
The Law Society's president Nicholas Fluck said it currently had no plans to issue any further faith-based guidance and that reports that they were promoting Sharia Law were inaccurate and ill-informed.
"We live in a diverse multi-faith, multi-cultural society. The Law Society responded to requests from its members for guidance on how to help clients asking for wills that distribute their assets in accordance with Sharia practice.
“Our practice note focuses on how to do that, where it is allowed under English law.”
But Sahgal believes the Law Society has been lobbied by fundamentalist lawyers who want to bring in Muslim personal laws by the back door.
“Political Islam is already operating Sharia courts which the British state has not challenged. They rationalise extremely out of date practices which no one needs to observe in this country.
“The Law Society should apologise for such a mistaken judgement. If they keep this the Jewish, Christian and Hindu fundamentalists will not be far behind demanding guidance on all sorts of issues,” she said.
Story published on Women's Views on News, 3 April 2014
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