Kolejne Radio Erewan. Phillips jasno i wyraznie okreslil miejsce sharia, podobnie jak innych kodeksow zwyczajowych. Moze ona miec zastosowanie W MEDIACJI, czyli rozwiazywaniu sporu poza sala sadowa za zgoda obu stron. Nie ma natomiast mowy o stosowaniu sharia jako prawa. Ponizej cytacik:
Lord Phillips said: "It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by law other than English law."
Therefore, he said, he could see no reason why sharia should not be used to settle disputes in this country.
He said: "There is no reason why principles of sharia, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution."
He added: "It must be recognised however that any sanctions for a failure to comply with the agreed terms of the mediation would be drawn from the laws of England and Wales."
Sharia suffered from "widespread misunderstanding" in Britain, Lord Phillips said.
"Part of the misconception about sharia is the belief that sharia is only about mandating sanctions such as flogging, stoning, the cutting off of hands or death for those fail to comply with the law," he said.
"In some countries the courts interpret sharia as calling for severe physical punishment. There can be no question of such courts sitting in this country, or such sanctions being applied here."
