Introduction

This chapter attempts some answers to the question whether the UK ought to adopt a pluralistic legal system. I will reflect upon various perspectives on the subject advanced in academic literature, and will suggest that the critical question underlying this debate is not simply about popular perceptions of Islam and Islamic law, both among Muslim migrants themselves who are now British citizens and in the non-Muslim majority population. It is in reality about the phenomenon of Muslims as permanent ‘features’ on the British societal landscape; their engagement or lack of it with the mainstream institutions of state, law and society; their rights and responsibilities as equal citizens; the commonalities and differences of Islamic law vis-à-vis the prevalent legal system; and the likely impact in the event of its recognition and application in this jurisdiction.

The question therefore is a much deeper and more complex one than meets the eye. The line of argument I propose (and have proposed for some time) is the following: the starting point of this discussion must be to develop a list of priorities where there is a real or perceived divergence of thought or action between British Muslims and the majority non-Muslim population, to interrogate each issue honestly and sincerely, and to explore possible mechanisms for reaching a consensual resolution. Unless there is the will to define and address the difficult issues confronting us, all parties to the debate will (as has been the case until now) fail to reach a satisfactory resolution.