It's here - Sharia law to be enshrined in UK legal system

scorza

scorza

scorza

Caporegime
Joined
22 Jun 2004
Posts
26,684
Location
Deep England
http://www.telegraph.co.uk/news/rel...c-law-is-adopted-by-British-legal-chiefs.html

Very worrying stuff

High Street solicitors will be able to write Islamic wills that deny women an equal share of inheritances and exclude unbelievers altogether...The documents ... will also prevent children born out of wedlock - and even those who have been adopted - from being counted as legitimate heirs.

Anyone married in a church, or in a civil ceremony, could be excluded from succession under Sharia principles, which recognise only Muslim weddings for inheritance purposes.
...
Some lawyers ... described the guidance as "astonishing", while campaigners warned it represented a major step on the road to a "parallel legal system: for Britain's Muslim communities.
Click to expand...
 
Hmm, the article seems to veer from saying that the testamentary provisions would be accepted by courts to they'd need to be tested. I'd suggest the latter is closer to the truth, you can have a contract that observes Sharia law provided the parties consent but I'm not sure how it will apply for wills in England although in Scotland it would be extremely difficult to deny someone their prior rights.
 
Solicitors are already able to write wills like this. All that has happened is guidance has been issued to help prevent **** ups that will just end up in court accusing the government of racism.

Stop spouting "zomg sharia law!". It's not here, nor will it ever be. This is just guidance on writing wills that are already being written.
 
Hikari Kisugi said:
Currently, can I not write a will to exclude my wife, any children I wish, and give it all to the local cat charity if I do it with sound mind and body?
Click to expand...

I was thinking that, can't you put down what you like in a Will and it's binding and hence there's no difference here?
 
Hikari Kisugi said:
Currently, can I not write a will to exclude my wife, any children I wish, and give it all to the local cat charity if I do it with sound mind and body?
Click to expand...

You sure can.

Media scaremongering shocker! It's almost they have an interest in making money and know these stories appeal to the public...
 
Move to the UK live by UK law. If you don't like it go somewhere else. This Country is becoming a disgrace. We really should have the "Great" removed from Britain tbh.

Sunday morning rant over....
 
MOOGLEYS said:
Move to the UK live by UK law. If you don't like it go somewhere else. This Country is becoming a disgrace. We really should have the "Great" removed from Britain tbh.

Sunday morning rant over....
Click to expand...

This.

I think I will start a religion.Then we would be the minority and we will get everything we ask for.

The Religion of King Arthur. Starts here starts now.
 
Hikari Kisugi said:
Currently, can I not write a will to exclude my wife, any children I wish, and give it all to the local cat charity if I do it with sound mind and body?
Click to expand...

Correct. This new guidance from the Law Society does not actually change the laws of this country in any way.
 
robgmun said:
I was thinking that, can't you put down what you like in a Will and it's binding and hence there's no difference here?
Click to expand...

You can write what you want in a will but it's not necessarily binding - it can still be challenged.

For example if you exclude your wife and children but they challenge it and if they can demonstrate that you had no good reason for doing so, the will in all likely hood will be overturned.

Wills under English law are intended to provide points of clarification in instances of ambiguity or dispute - a will is not a document that lets you "do what you like".
 
Last edited by a moderator:
amigafan2003 said:
You can write what you want in a will but it's not necessarily binding - it can still be challenged.

For example if you exclude your wife and children but they challenge it and if they can demonstrate that you had no good reason for doing so, the will in all likely hood will be overturned.
Click to expand...

The man will have perfectly good reasons.
It won't be overturned.
His reasons are cultural and religious.

Is hatred a perfectly good reason? In the case of anyone writing such a will currently? If of sound body and mind, one can exclude anyone one likes, for whatever reasons one likes. It won't be overturned simply as someone doesn't like the result. It might be overturned if their was unfair or undue influence on the will or the persons mental state could be challenged.
 
deuse said:
Hmmm give me your pixie gods(if you have one) phone number and I will check it out.
Click to expand...

You are missing the point.
A person can have any reason they like for the subject of their will, it is their goods.
The family might challenge it, but they won't win on a whim.
If the person specifically left instructions to not allow x or y as part of the inheritance, then they will not receive anything.

The persons reasons might be religiously based, or nothing to do with religion at all.
The OP is a strawman, and means nothing for currently law in written wills.
Might be different in the case of testimonial style delivery, but that can always be challenged in a court by someone who disagrees.
 
You must log in or register to reply here.
Back
Top Bottom