Definition and Terms
“Session” or “Meeting” the meeting for with a member or panel of the Sharee Council for advice, guidance, judgement/decision or Islamic divorce proceedings.
“The Parties” the clients, applicant or respondent, and participants who are requesting advice, guidance, judgement/decision or resolution to a matter.
“Party” of the two (or more) clients
“Dispute” the issue/s presented for advice, guidance, judgement/decision or resolution.
In this policy ‘IRIGB’, ‘SC’, ‘we’, ‘us’ or ‘our’ means Islamic Research Institute of Britain (Charity Registration No. 1052332).
- Neither Sharee Council (SC) nor any employee, member or partner of Sharee Council shall act for any of the Parties in connection with the Dispute.
- The Parties accept that neither the Sharee Council nor any employee, member or partner of Sharee Council is acting as agent for The Parties in connection with the Dispute and that neither the Sharee Council nor any employee, member or partner of Sharee Council will offer legal advice to The Parties and that no comments made by the Sharee Council member or partner during the advisory or judgement process should be construed as legal advice as understood within the United Kingdom legal system.
- The Sharee Council will not deal with a case that is currently being handled by another organisation or individual. If after an application for a service, it becomes apparent that the case is already being handled by another organisation or individual, Sharee Council reserve the right to close the case/cancel the service with immediate effect.
- Sharee Council will take all necessary steps to ensure that the English legal system is respected and not undermined. The law of England and Wales is separate to Islamic law, and all clients are expected to abide by the law of England and Wales and consult a legal practitioner where necessary.
- The Parties are responsible for submitting all relevant documents as and when requested or required by the Sharee Council.
- Whilst a case is ongoing the Parties are responsible for informing the Sharee Council of any changes in contact details or any new information as soon as possible.
- Decisions, advice and guidance given by the Sharee Council are not legally binding under UK law except in the arbitration process. The authority of Sharee Council only extends to Islamic matters.
- The Parties will not call any member, employee or partner of Sharee Council as witness, consultant, arbitrator or expert in any proceedings or litigation or other proceedings arising in connection with the Dispute or out of or in connection with advice given at the Meeting or Session.
- On applying for any of the Sharee Council’s services, you agree to the Terms & Conditions and its Policies.
- The fee shall be in accordance with Sharee Council’s published fees unless agreed otherwise and shall be payable by the Applicant before a service is commenced unless agreed otherwise.
- Sharee Council accepts payment by cash, if presented in person at our office, cheque or postal order made payable to Islamic Research Institute of Britain, or by card via the Sharee Council website (shareecouncil.com). If the cheque or postal order is not honoured, you a £10 administration fee will be incurred.
- Each of The Parties shall in the absence of agreement to the contrary bear their own costs and expenses of attending or participating in Sessions and Meetings and sending or receiving correspondences.
- Subject to the refund policy published for each service, once a service has been initiated, and payment has been made, you are not entitled to a refund.
- Refunds are issued back to the original payment method and can take up to 14 days to process.
- In the event where a refund back to the original payment method is not possible (due to reasons outside of our control), alternative payment details (usually bank transfer) will be requested.
Cancellation of Service (Closure of Case)
- Applicant’s inactivity of three months will lead to the automatic closure of the case.
- Failure to update the Sharee Council on a case that was requested to be put on hold upon expiry of the agreed period shall result in the automatic closure of the case.
- The applicant may terminate the case whilst it is ongoing by informing SC in writing.
- Sharee Council reserves the right to cancel a service (case) in the following scenarios:
- In so far as the service is mediation, arbitration, Islamic Divorce (Khula or Faskh), the Sharee Council deems the Dispute resolved.
- The Islamic Divorce (Khula or Faskh) matter is being dealt with at another organisation.
- The applicant provides false or misleading information.
- The Sharee Council considers an action(s) to be aggressive or abusive behaviour; unreasonable demands; unreasonable conduct; unreasonable levels of contact; unreasonable for any other reason.
- If/when the Parties are invited to a Meeting, the attendance of all invited parties is compulsory. Meetings will be held by appointment only.
- Meetings and Sessions will begin at the appointed time and date. Sharee Council endeavours to adhere to appointed times but some delays are beyond its control.
- If a party fails to attend the Meeting or is late, the Sharee Council may choose to proceed with the Meeting in their absence where possible. Where the matter required a decision then the decision taken in the absence of a party will be binding on all concerned Parties.
- Language and conduct at the Meetings are expected to be non-confrontational and non-inflammatory.
- The Sharee Council member(s) conducting the Meeting may speak to one of the Parties in closed Session.
- No recording is permitted during the Meeting. All such devices, including phones, are to be switched off during the Meeting.
Exclusion of Liability
- The Parties acknowledge that in attempting to carry out its service the Sharee Council member will use his or her personal experience, skill, judgement and intuition. The Parties further acknowledge that by reason of the Sharee Council member’s obligation to keep confidential and not disclose to the other Party the information supplied by each of The Parties in any private or closed Session/Meeting during the Session that none of The Parties will know the full circumstances in which the Sharee Council member so exercises his or her skill, judgement and intuition and that the Sharee Council member will be prevented from disclosing the same. Accordingly, neither the Sharee Council member nor Sharee Council shall be liable to The Parties for any act or omission in the services provided by the Sharee Council member nor Sharee Council under these terms and conditions unless such act or omission was in bad faith.
- Any aggression or abuse directed towards our staff will not be tolerated. Aggressive or abusive behaviour includes language that may cause staff to feel threatened or abused and also includes derogatory or rude remarks. Inflammatory statements, remarks of a racial or discriminatory nature and unsubstantiated allegations, are also considered to be abusive behaviour.
- Abuse and threats shall be reported to the police.
- The SC will deal with Parties in a non-confrontational and positive manner and expects the same in return.
- Unreasonable demands and unreasonable levels of contact may result in the termination of a service. The SC reserves the right to take any other action it considers appropriate to the circumstances.
- A demand becomes unreasonable when, complying with it would impact excessively on the work of our staff or disadvantage other clients or service users. Examples of unreasonable demands include:
- Repeatedly demanding responses within an unreasonable timescale.
- demanding responses from several members of staff on the same subject.
- insisting on seeing or speaking to a particular member of staff when that is not possible.
- repeatedly changing the substance of an enquiry or complaint or raising unrelated concerns.
- posing a question time and again, when a response has already been given.
- The level of contact becomes unacceptable when the amount of time spent talking to an individual on the telephone, or responding to, reviewing and filing emails or written correspondence, impacts on our ability to deal with the matter, or on our responsibility for carrying out tasks relating to other clients or members of the public.
- Any circumstances that the SC considers ‘unacceptable’ other than what has already been identified is subject to the same consequence.
- Verbal or physical abuse or threats towards our staff may result in the termination of all direct contact with the client or service user.
- Correspondences containing allegations lacking substantial evidence or abuse directed towards staff may not be responded to.
- Aggressive, abusive or offensive telephone calls will be ended. Contact with such people may be limited to written communications only.
- Due to unacceptable behaviour the SC may decide to:
- Limit contact from the person as it deems necessary.
- Restrict contact to a nominated member of staff only.
- Restrict contact to written communication.
- Refuse to deal with the person(s) or a specific query/matter and return or destroy any documents.
- Take any other action that is deemed appropriate to the situation by SC.