Association of Muslim Lawyers
Encyclopedia
The Association of Muslim Lawyers (AML) has been active in the United Kingdom
since 1993 and since its official launch in 1995 its membership and influence have been steadily growing. It has organiszed talks, seminars, conferences and careers workshops.
alif, 'ayn, mim, lam. From these four letters, four key words can be derived :
ayn mim lam: (noun) meaning 'action'
alif mim lam : (noun) meaning 'hope'
alif ayn mim lam : (verb, imperative) meaning 'do' or 'act' (appears twice in the Qur'an
: 34.11, 41.5).
alif ayn mim lam : (noun, plural) meaning 'actions' (appears four times in the Qur'an : 10.41, 23.100, 27.19, 46.15).
Thus the meaning of the AML Logo is : Act with hope – and this is what its members seek to do.
In seeking to realize these aims and objectives the Association of Muslim Lawyers not only facilitates contact between Muslim lawyers and with Muslims, but also works with many other organisations and institutions, including for example, the Union of Muslim Organisations, the Muslim Council of Britain
, Muslim Lawyers (Europe), the Minority Lawyers Conference, the Commission for Racial Equality
, City Hall
, the Home Office
, the House of Commons
and the House of Lords
. During 2005 a series of seminars jointly organised by the AML and the Law Society
were held at the Law Society
in Chancery Lane, London.
are now in force and afford some protection from religious discrimination in the work place. This development in the law has been due more to the implementation of the Employment Directive adopted under Article 13 of the Amsterdam Treaty in November 2000 than as a result of AML's efforts!
Some bodies, such as for example the Commission for Racial Equality and the Bar Council
, realising that there exist serious lacunae in the law, have written into their codes of practice an all encompassing anti-discrimination policy which includes the prohibition of discrimination on grounds of religion as well as of race, sex and disability. After several requests by AML spanning a period of several years and spurred on by the Employment Directive, the Law Society reviewed and extended its anti-discrimination rule to include discrimination on the grounds of religion.
By virtue of the European Convention on Human Rights
and the Human Rights Act 1998
, the government is under a duty, by passing secondary legislation, to secure the basic rights of freedom of religion, freedom to practise one's religion and freedom to educate one's children in accordance with one's religion. Until recently, all political parties were united in attempting to pretend that religious discrimination is synonymous with racial discrimination, even though this is clearly not true – but now that the Muslim block vote can affect the outcome of both local and national elections, their leaders are beginning to adopt a more pragmatic approach and it is hoped that they may take the duty required by the Convention more seriously in the future.
The AML (UK) is also in contact with Muslim Lawyers (Europe) and the Protect-Hijab Campaign regarding the illegal infringement of Muslims' rights in Europe by state governments – including France
, Germany
and Belgium
– whose hijab bans are in blatant contravention of European Muslims' Article 9 and Article 14 European Convention Human Rights.
A more long term aspect of this initiative to have Muslims' rights legally recognised in practice as well as in theory has been the proposal that Muslim personal law should be recognised by English domestic law, so that Muslim marriages and divorces are recognised as legally valid – and the estates of Muslims who die without leaving a Will are automatically distributed in accordance with the Shari‘a , not the laws of intestacy. This means that the decisions of properly constituted Shari ‘a courts will have to be recognised by the English civil courts as being legally binding and enforceable in the civil courts. In effect this mechanism will be another form of Alternative Dispute Resolution which should serve to lessen the workload of the civil courts.
In the meantime AML has been active in encouraging Muslims to make Islamic Wills which are valid as regards the technical requirements of English law and which stipulate that their wealth is to be divided in accordance with the Shari‘a after they have died. As part of this initiative AML has also been involved in training lawyers who wish to provide an Islamic Wills service.
The disturbing development of individual, group and state terrorism in recent years has resulted in a significant erosion in civil liberties and an abandonment of due process worldwide, even by those governments who claim to be the guardians of civilisation and the rule of law. It is becoming more common for people to be arrested on mere suspicion and detained indefinitely without charge or trial or even access to a lawyer, even in the United Kingdom and especially in the alleged ‘land of the free', America. Clearly organisations such as the Islamic Human Rights Commission
, Liberty
and Amnesty International
are better equipped and have more resources at their disposal to monitor and publicise the worst abuses in the hope that those responsible will not be allowed to get away with murder. However AML has also formed its own Working Party on Human Rights and Civil Liberties whose members are doing what they can to help those who are oppressed by arbitrary and unjust laws using legitimate means.
In conclusion, AML provides services across the board, not just to ethnic minorities. Some of its members and beneficiaries, for example, belong to a religious minority within a racial majority, that is to say, they are Anglo-Saxon Muslims! Its members and beneficiaries are predominantly Muslims, but also include non-Muslims, and AML has members and beneficiaries from virtually all ethnic groups, however large or small. AML is primarily involved in all issues relating to the basic duties and rights of British Muslims - and accordingly its objectives are social, educational and charitable as well as political, with the overriding imperative that human beings should be treated with due respect and justice, whatever their racial background and, even more importantly, whatever their religious beliefs.
In formulating appropriate policies it is important to distinguish between tolerant integration and forced assimilation
. Much can be learned, for example, from the history of Spain
. At one point in time Muslim, Christian and Jewish communities lived side by side for centuries in relative harmony, each community self-governing in respect of its personal law and settlement of internal disputes – because the law of the land recognised diversity. At another point, thousands of people were slaughtered and thousands more forced to flee for their lives – because the law of the land required blind conformity.
In our current multi-cultural, multi-racial, multi-religious society, it is important that the lessons of history can be applied wisely by allowing people to be different, within reason. As far as religious groups are concerned, this can best be achieved by not only granting them equal rights under the law, but also ensuring that these rights are secured by the law, so that they can be exercised under the law with the full protection of the law.
Ahmad Thomson
, Co-Founder, the Association of Muslim Lawyers (UK)
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
since 1993 and since its official launch in 1995 its membership and influence have been steadily growing. It has organiszed talks, seminars, conferences and careers workshops.
Logo
The AML logo features the Arabic lettersArabic alphabet
The Arabic alphabet or Arabic abjad is the Arabic script as it is codified for writing the Arabic language. It is written from right to left, in a cursive style, and includes 28 letters. Because letters usually stand for consonants, it is classified as an abjad.-Consonants:The Arabic alphabet has...
alif, 'ayn, mim, lam. From these four letters, four key words can be derived :
ayn mim lam: (noun) meaning 'action'
alif mim lam : (noun) meaning 'hope'
alif ayn mim lam : (verb, imperative) meaning 'do' or 'act' (appears twice in the Qur'an
Qur'an
The Quran , also transliterated Qur'an, Koran, Alcoran, Qur’ān, Coran, Kuran, and al-Qur’ān, is the central religious text of Islam, which Muslims consider the verbatim word of God . It is regarded widely as the finest piece of literature in the Arabic language...
: 34.11, 41.5).
alif ayn mim lam : (noun, plural) meaning 'actions' (appears four times in the Qur'an : 10.41, 23.100, 27.19, 46.15).
Thus the meaning of the AML Logo is : Act with hope – and this is what its members seek to do.
Main aims and objectives
The main aims and objectives of AML are :- To promote the provision of legal adviceLegal adviceIn the common law, legal advice is the giving of a formal opinion regarding the substance or procedure of the law by an officer of the court , ordinarily in exchange for financial or other tangible compensation...
and assistance to anyone in need of justice, irrespective of their nationalityNationalityNationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
, ethnic or racial origins, colour, genderGenderGender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, or religious beliefsReligionReligion is a collection of cultural systems, belief systems, and worldviews that establishes symbols that relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to...
. - To promote the legal rights of Muslims and the availability of advice in accordance with the Shari'ah of Islam.
- To promote research into both the Shari'ah and English lawEnglish lawEnglish law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
with regard to specific social, political and legal issues, and to hold seminars and publish the results of any such research. - To facilitate the achievement of a fair and just society by means such as increasing understanding, educating and lobbying.
- To facilitate entry into the legal profession for men and women, and to assist them in the furtherance of their legal development.
- To liaise and co-operate with any other individuals or organizations who are willing and able to assist in the realization of these Objectives.
- To do all such things as shall be conducive to the attainment of the above.
In seeking to realize these aims and objectives the Association of Muslim Lawyers not only facilitates contact between Muslim lawyers and with Muslims, but also works with many other organisations and institutions, including for example, the Union of Muslim Organisations, the Muslim Council of Britain
Muslim Council of Britain
The Muslim Council of Britain is a self-appointed umbrella body for national, regional, local and specialist organisations and institutions from different ethnic and sectarian backgrounds within British Islamic society. It was established in 1997 to help Muslims, to increase education about the...
, Muslim Lawyers (Europe), the Minority Lawyers Conference, the Commission for Racial Equality
Commission for Racial Equality
The Commission for Racial Equality was a non-departmental public body in the United Kingdom which aimed to tackle racial discrimination and promote racial equality. Its work has been merged into the new Equality and Human Rights Commission.-History:...
, City Hall
City hall
In local government, a city hall, town hall or a municipal building or civic centre, is the chief administrative building of a city...
, the Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
, the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
and the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. During 2005 a series of seminars jointly organised by the AML and the Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
were held at the Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
in Chancery Lane, London.
Lobbying for protection of Muslims in the UK
One of the main issues about which AML has been advising and lobbying for several years is the lack of protection afforded to Muslims under English domestic law. Until the 3 December 2003, anyone in the UK was free to subject a Muslim to abuse and discriminatory treatment simply because he or she is a Muslim with impunity. The Employment Equality (Religion or Belief) Regulations 2003Employment Equality Regulations
The Employment Equality Regulations 2003 are secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age...
are now in force and afford some protection from religious discrimination in the work place. This development in the law has been due more to the implementation of the Employment Directive adopted under Article 13 of the Amsterdam Treaty in November 2000 than as a result of AML's efforts!
Other activity
In all other spheres of life, including the provision of services, education and housing, religious discrimination is still not illegal. Representatives of the AML made detailed submissions to the House of Lords Select Committee on Religious Offences (whose report was published on 10 June 2003) who declined to make any recommendation that Muslims should be protected by law from incitement to religious hatred or by an updated law of blasphemy which would apply just as much to Muslims as to Christians. This matter is currently being debated in the Houses of Parliament.Some bodies, such as for example the Commission for Racial Equality and the Bar Council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
, realising that there exist serious lacunae in the law, have written into their codes of practice an all encompassing anti-discrimination policy which includes the prohibition of discrimination on grounds of religion as well as of race, sex and disability. After several requests by AML spanning a period of several years and spurred on by the Employment Directive, the Law Society reviewed and extended its anti-discrimination rule to include discrimination on the grounds of religion.
By virtue of the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
and the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
, the government is under a duty, by passing secondary legislation, to secure the basic rights of freedom of religion, freedom to practise one's religion and freedom to educate one's children in accordance with one's religion. Until recently, all political parties were united in attempting to pretend that religious discrimination is synonymous with racial discrimination, even though this is clearly not true – but now that the Muslim block vote can affect the outcome of both local and national elections, their leaders are beginning to adopt a more pragmatic approach and it is hoped that they may take the duty required by the Convention more seriously in the future.
The AML (UK) is also in contact with Muslim Lawyers (Europe) and the Protect-Hijab Campaign regarding the illegal infringement of Muslims' rights in Europe by state governments – including France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
– whose hijab bans are in blatant contravention of European Muslims' Article 9 and Article 14 European Convention Human Rights.
A more long term aspect of this initiative to have Muslims' rights legally recognised in practice as well as in theory has been the proposal that Muslim personal law should be recognised by English domestic law, so that Muslim marriages and divorces are recognised as legally valid – and the estates of Muslims who die without leaving a Will are automatically distributed in accordance with the Shari‘a , not the laws of intestacy. This means that the decisions of properly constituted Shari ‘a courts will have to be recognised by the English civil courts as being legally binding and enforceable in the civil courts. In effect this mechanism will be another form of Alternative Dispute Resolution which should serve to lessen the workload of the civil courts.
In the meantime AML has been active in encouraging Muslims to make Islamic Wills which are valid as regards the technical requirements of English law and which stipulate that their wealth is to be divided in accordance with the Shari‘a after they have died. As part of this initiative AML has also been involved in training lawyers who wish to provide an Islamic Wills service.
The disturbing development of individual, group and state terrorism in recent years has resulted in a significant erosion in civil liberties and an abandonment of due process worldwide, even by those governments who claim to be the guardians of civilisation and the rule of law. It is becoming more common for people to be arrested on mere suspicion and detained indefinitely without charge or trial or even access to a lawyer, even in the United Kingdom and especially in the alleged ‘land of the free', America. Clearly organisations such as the Islamic Human Rights Commission
Islamic Human Rights Commission
The Islamic Human Rights Commission is a non-profit organization. Its stated mission is to, "... work with different organizations from Muslim and non-Muslim backgrounds, to campaign for justice for all peoples regardless of their racial, confessional or political background.". The group is...
, Liberty
Liberty (pressure group)
Liberty is a pressure group based in the United Kingdom. Its formal name is the National Council for Civil Liberties . Founded in 1934 by Ronald Kidd and Sylvia Crowther-Smith , the group campaigns to protect civil liberties and promote human rights...
and Amnesty International
Amnesty International
Amnesty International is an international non-governmental organisation whose stated mission is "to conduct research and generate action to prevent and end grave abuses of human rights, and to demand justice for those whose rights have been violated."Following a publication of Peter Benenson's...
are better equipped and have more resources at their disposal to monitor and publicise the worst abuses in the hope that those responsible will not be allowed to get away with murder. However AML has also formed its own Working Party on Human Rights and Civil Liberties whose members are doing what they can to help those who are oppressed by arbitrary and unjust laws using legitimate means.
In conclusion, AML provides services across the board, not just to ethnic minorities. Some of its members and beneficiaries, for example, belong to a religious minority within a racial majority, that is to say, they are Anglo-Saxon Muslims! Its members and beneficiaries are predominantly Muslims, but also include non-Muslims, and AML has members and beneficiaries from virtually all ethnic groups, however large or small. AML is primarily involved in all issues relating to the basic duties and rights of British Muslims - and accordingly its objectives are social, educational and charitable as well as political, with the overriding imperative that human beings should be treated with due respect and justice, whatever their racial background and, even more importantly, whatever their religious beliefs.
In formulating appropriate policies it is important to distinguish between tolerant integration and forced assimilation
Forced assimilation
Forced assimilation is a process of forced cultural assimilation of religious or ethnic minority groups, into an established and generally larger community...
. Much can be learned, for example, from the history of Spain
History of Spain
The history of Spain involves all the other peoples and nations within the Iberian peninsula formerly known as Hispania, and includes still today the nations of Andorra, Gibraltar, Portugal and Spain...
. At one point in time Muslim, Christian and Jewish communities lived side by side for centuries in relative harmony, each community self-governing in respect of its personal law and settlement of internal disputes – because the law of the land recognised diversity. At another point, thousands of people were slaughtered and thousands more forced to flee for their lives – because the law of the land required blind conformity.
In our current multi-cultural, multi-racial, multi-religious society, it is important that the lessons of history can be applied wisely by allowing people to be different, within reason. As far as religious groups are concerned, this can best be achieved by not only granting them equal rights under the law, but also ensuring that these rights are secured by the law, so that they can be exercised under the law with the full protection of the law.
Ahmad Thomson
Ahmad Thomson
Ahmad Thomson is a British barrister and writer and a member of the Murabitun movement.-Career:He was called to the Bar of England and Wales in 1979. He was a co-founder of the Association of Muslim Lawyers in 1993. He has been the head of Wynne Chambers since 1994...
, Co-Founder, the Association of Muslim Lawyers (UK)
External links
- The Association of Muslim Lawyers (UK)
- Muslim Lawyers (Europe)
- 1st Memorandum from The Association of Muslim Lawyers written by Ahmad Thomson, published by the United Kingdom Parliament
- 2nd Memorandum from The Association of Muslim Lawyers written by Ahmad Thomson, published by the United Kingdom Parliament
- Part 1, Examination of Ahmad Thomson by the House of Lords Select Committee on Religious Offences, published by the United Kingdom Parliament
- Part 2, Examination of Ahmad Thomson by the House of Lords Select Committee on Religious Offences, published by the United Kingdom Parliament
- Part 3, Examination of Ahmad Thomson by the House of Lords Select Committee on Religious Offences, published by the United Kingdom Parliament
- Supplementary Memorandum from The Association of Muslim Lawyers written by Ahmad Thomson, published by the United Kingdom Parliament