The Law Society, on 23 November, withdrew controversial guidelines for solicitors on how to compile ‘shari’a compliant’ wills, amid complaints that they encouraged discrimination against women and non-Muslims.
Andrew Caplen, president of the Society, apologised and said the criticism had been taken on board.
It follows a storm of protest after it was reported in March that the Society had issued a practice note to solicitors effectively enshrining aspects of Islamic law in the British legal system. The guidelines advised High Street solicitors on how to write Islamic wills in a way that would be recognised by courts in England and Wales.
Mr Caplen’s predecessor as president, Nicholas Fluck, had strongly resisted criticism of the guidelines. But in a short statement the Society said it had now decided to withdraw them in light of ‘feedback’ from the public and the lawyers themselves.
‘Our practice note was intended to support members to better serve their clients as far as is allowed by the law of England and Wales’, said Mr Caplen. ‘We reviewed the note in the light of criticism. We have withdrawn the note and we are sorry’.
Sadikur Rahman, a leading member of the Lawyers’ Secular Society said that it was a vindication for those who were accused of racism or being anti-Muslim for questioning the wisdom of the original practice note. ‘You should be able to criticise an ideology; that should not be taken as racism’, he said.
