Our Mode of Operation
Sharia provides an exhaustive framework of economic, social and political laws that govern a Muslim society. Our Muslim legal experts, educated in Sharia, deal in the comprehensive framework of family law, Islamic will drafting and preparation, financial dealings and recordings, and sensitive affairs of Muslims of personal and collective nature. Our areas of expertise include:
- Conveyancing
- Wills and probate
- Family law
- Transactions
- Conflict mediation
- General advice
Conveyancing Law
Some complexities underlie the system of Islamic finance and require the legal advisors to be highly cognizant of the field they are dealing in.
Sharia financing operates on the fundamentals of risk-sharing; the financial institutions share the risk with their clients for any asset or product financed, with the terms concerning the split of profit agreed upon earlier.
Before 2002, Muslims residing in the UK found it non-viable to purchase or remortgage their home under the Home Purchase Plan, the reason being its conflict with the Sharia guidelines that forbid paying or receiving interest.
Apart from prohibiting interest-based transactions, Shariah law enjoins Muslims from investing and financing businesses that manufacture, sell, or deal with products clashing with Islamic principles, such as tobacco. Only legitimate trade in assets is sanctioned, and all forms of interest are outlawed.
Emergence of Sharia-Compliant Mortgages in UK
In 2002, the UK government permitted Sharia-compliant mortgages across the region, and Islamic finance has been growing ever since, availed by both Muslims and non-Muslims alike. While many individuals may not be particularly adhering to Islamic principles per se, they come to perceive the new choice of interest-free conveyancing as intriguing.
Our Muslim legal experts advise you on all conveyancing matters in a jargon-free language you can easily understand. Our services are comprehensive and thorough and moulded to your needs.
We deal in Sharia-compliant property transactions and ensure they are completed timely. We advise our clients on the principles of Islamic finance, including commercial and residential properties.
Family Law
If a couple residing in the UK sign their Nikkah, the Islamic marriage contract, they still are only considered Islamically married and not legally married under English law. As a result, they are entitled to undergo a civil ceremony too, in order to obtain rights that are granted to married couples in the UK.
However, if the couple enters into the Nikkah in another country that legally recognises the contract, such as Pakistan and Saudi Arabia, then the marriage is legally acknowledged in the UK.
Our Islamic law solicitors advise and represent Muslims on different levels concerning marriage, divorce, and children. In case a couple decides to separate, the husband pronounces Talaq and registers in the Union Council for the divorce to take effect. Yet, the parties will also be mandated to petition for an English divorce later. Obtaining Islamic divorce for a woman is a little more complex; it entails a number of conditions to be fulfilled before the divorce is brought into effect.
At Ascentim Legal, we consider your instructions before issuing your application with the Sharia Council. We keep guiding you through the procedure to the point you receive your divorce certificate.
Wills and Probate
A Muslim is enjoined to write a will that complies with the Sharia and is not a conventional will. Four duties should be carried out when a Muslim leaves this world:
- Paying of funeral expenses
- Repaying of his or her debts
- Will execution
- Asset distribution in accordance with the Sharia law
Our Islamic law solicitors have the knowledge required for the drafting of Sharia-compliant and tax-efficient wills. We meet our clients’ needs and deliver bespoke, comprehensive solutions.
Employment Law
In 2014, the Office for Nation Statistics’ Labour Force Survey discovered that British Muslims experienced the worst discrimination at their workplace compared to other minority groups. Another report in 2016-2017 observed that the unemployment rate for Muslims accounts for 12.8%, more than twice that of the general population.
Among other complex reasons for the high unemployment rate among Muslims, discrimination and Islamophobia are considered the most significant contributing factors.
On the other hand, Muslim women have their own fair share of discriminatory incidents at the workplace, which particularly result from their wearing of hijab.
Given the circumstances, we suggest hiring Islamic legal services to aid you if you find yourself clearly affected by the discriminatory practices.
Ascentim Legal experts ensure no employee is given less favourable treatment on the basis of their religion and culture. We take in our hands all those cases which involve:
- Recruitment and Selection
- Employment Terms and Conditions
- Salary and Benefits
- Promotions and Training Opportunities
- Employment Appraisals
- Disciplinary Concerns
- Emergencies, Sickness, and Grievances
- Unfair Dismissal
- Protecting Confidentiality