Project assistance

Study.Sci.House ©

study@sci.house
 <<
↑
>>

Introduction

This chapter examines the practices of Shariah councils in the UK. Shariah Councils are quasi-legal, unofficial bodies that function to mediate, arbitrate and issue Muslim divorce certificates.1 There is an ongoing debate for and against the use of Shariah Councils in Britain.

Those opposed to Shariah Councils argue that English law is best suited to protect women and that Shariah Councils are operating as a parallel legal system and acting as courts.2 Whereas those opposing such views argue that Shariah Councils know their legal limits and operate within the law as legitimate mechanisms of alternative dis­pute resolution.3 Some raise concerns that an increase in unregistered marriages among British Muslims4 and the lack of awareness regard­ing the availability of legal aid in civil divorce cases5 cause Muslim women to use Shariah Councils for dispute resolution. Shariah Coun­cils are criticised for following interpretations of Islamic norms and values, which marginalise women and provide favourable terms for men.6 Others assert Shariah Councils discriminate against Mus­lim women who are coerced into using them and concede their civil rights.7 Malik contends that there are considerable empirical gaps in understanding the experience of those who use a non-state normative field of social action and whether they face unjust outcomes or secure autonomy as individuals.8

In 2016, the government launched an independent review to ex­plore whether Sharia law was incompatible with the laws of England and Wales.9 The findings of the review were published in 2018 and it made recommendations in three areas: the amendment of the Mar­riage Act 1949 to make compulsory the registration of Muslim mar­riage, an awareness campaign for women’s right under civil law and the regulation of Shariah Councils.10 In response to the report, the government said it would consider the review’s finding, but ruled out

DOI: 10.4324/9781003090410-4

the proposal of state-regulating Shariah Councils to avoid conferring legitimacy as an alternative form of dispute resolution.11

In light of such debates, this chapter presents the findings of an em­pirical study on marriage and divorce among British Muslims which includes an examination of Shariah Councils. The chapter starts with a background of Muslims in Britain, an overview of the problems as­sociated with marriage and divorce, and explains the research meth­odology. The chapter then presents the findings concerning marriage, divorce and Shariah Councils; and concludes with recommendations for the reform and regulation of Shariah Councils.

<< | >>
↑
Source: Bano Samia (ed.). The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain. Routledge,2023. — 143 p.. 2023
More legal literature on Laws.Studio

More on the topic Introduction:

  1. 1 Introduction
  2. Introduction
  3. Introduction
  4. 19 Introduction
  5. Introduction
  6. Introduction
  7. INTRODUCTION
  8. Introduction
  9. Introduction
  10. Introduction
  11. Introduction
  12. Introduction: Hegel, Marx and the Dialectic
  13. INTRODUCTION: OVERVIEW OF COMPLICATIONS ASSOCIATED WITH HIV THERAPY
  14. Introduction
  15. Introduction
  16. Introduction
  17. Introduction
  18. Introduction
  19. INTRODUCTION
  20. INTRODUCTION
- Agricultural law - Constitutional law - Fundamentals of Advocacy - History of state and law - Muslim (Islamic) law - Professional ethics of a lawyer - Roman law - Theory of state and law - UK Bar - US Bar -
- Conflictology - Ecology - Economy - Finance - History - Law - Medicine - Philosophy - Religious studies -

Study.Sci.House ©

study@sci.house