Southall Black Sisters (SBS) and One Law for All welcomes the decision by the Solicitor’s Regulatory Authority (SRA), the regulatory body for solicitors, to remove the Law Society’s controversial practice note1 on drafting ‘Sharia compliant’ wills2 from its ethics guidance on wills. The decision clearly demonstrates that the SRA considers it inappropriate to continue to endorse the note.
The SRA decision comes after threatened legal action on gender equality grounds and represents an important step in our campaign against the Law Society. On 13 March 2014, the Law Society issued a practice note for solicitors on drafting ‘Sharia’ compliant wills. The note, which was drafted with reference to conservative if not fundamentalist Muslim ‘experts’3 but not minority women’s organisations, said:
“… illegitimate and adopted children are not Sharia heirs…The male heirs in most cases receive double the amount inherited by a female heir… Non-Muslims may not inherit at all…a divorced spouse is no longer a Sharia heir…”
This appalling institutional endorsement of direct gender and other forms of discrimination has been the subject of threatened legal action against the Law Society itself. We have demanded that the Law Society withdraw its guidance but it has resolutely refused to do so. In an extraordinary show of defiance, in a letter dated 4 June 1014, the Law Society stated that it had no intention of withdrawing the practice note and that ‘no equality and diversity implications’ arose from the note. Since receiving the SRA’s decision we have now written to the Law Society again demanding a reconsideration of their position. We are also taking further legal advice on the question of whether solicitors acting on the practice note might be themselves acting unlawfully.
_______________________________________________
Notes.
-
1. See SRA ethics guidance on drafting and preparation of wills http://www.lawsociety.org.uk/advice/practice-notes/shaira-succession-rules/
2. The Reference note said: “If you are acting for clients for whom Sharia succession rules may be relevant you will find the Law Society’s practice note on the subject helpful.” http://www.sra.org.uk/solicitors/code-of-conduct/guidance/guidance/Guidance-on-the-drafting-and-preparation-of-wills.page
3. See for example: Inheritance – Regulations & Exhortations (2nd edition) by Muhammad Al Jibaly, published by Al-Hidaayah Publishing & Distribution Ltd.
Read the full press release at http://www.southallblacksisters.org.uk/solicitors-regulatory-authority-withdraws-endorsement-law-societys-discriminatory-practice-note-sharia-wills/
HERitage stall this Saturday 29th January at St Cuthbert's hall, Amble. Come along, see you there