ABSTRACT
The traditional arguments are that everybody must conform to universal minimum standards in public law, for example, criminal law, but the law should interfere as little as possible in matters of private concern, for example, personal and family matters. Lord Scarman advocated extending the law to protect the religious beliefs and feelings of non-Christians. An important feature of English legal history has been the struggle by religious minorities for the removal of disabilities, for emancipation, and for the recognition and protection of minority customs. The only marriages that may lawfully take place in England are monogamous marriages whatever the nationality, domicile, residence, religion and culture of the parties. Polygamy is a good example of the ambivalence of English law although Sebastian Poulter has pointed out how the judges fostered a tolerance over the years. A personal law based upon personal religion or culture is far more acceptable in a multi-racial society.
