Charles Walker – 2014 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Charles Walker on 2014-07-15.

To ask the Secretary of State for Justice, what guidance judges will receive on settling inheritance disputes which were initially settled under the Sharia succession rules guidance issued by the Law Society.

Mr Shailesh Vara

Sharia law has no jurisdiction in England and Wales and the Government has no intention to change this position.

The legal profession is independent of Government and is regulated by approved regulators for which the Legal Services Board has oversight responsibility. The Law Society is the approved regulator for solicitors under the Legal Services Act 2007. On 13 March it published a practice note on Sharia succession rules to assist its members preparing wills for clients under the law of England and Wales. The Secretary of State has not had any discussions with The Law Society about its practice note. It is not for the Government to comment on the compatibility of the guidance with equalities legislation as the courts in England and Wales interpret and apply the law.

The guidance does not, and cannot, change the law of England and Wales. The courts will continue to apply the law of England and Wales relating to the making of wills in exactly the same way as they did before the practice note was issued.

The judiciary of England and Wales is independent of the Government and it would not be appropriate for the Ministry of Justice to issue guidance to the judiciary on how judges are to apply or interpret the law.