chapter  7
An analysis of British judicial treatment of Islamic divorces, 1997–2009
ByAl-Rahim Moosa, Denise Helly
Pages 19

This chapter analyses how judges view family norms and values adhered to by Muslims, specifically the approach of British judges to the recognition of Islamic divorces. It examines British judicial treatment of Islamic divorces through both a legal and anthropological lens. The focus is to assess how judges in British courts perceive Islamic law in their decisions of whether or not to recognize the validity of Islamic divorces. The assertion of the primacy of state justice stems from the idea of an integral link between the state and the law. British law, both case law and legislation, is influenced by the concept of 'reasonableness', a notion deeply embedded in the common law. As British law constantly evolves, so should British legal academics, policymakers, and judicial authorities acknowledge the inherently pluralistic nature of Islamic laws and that a universally just outcome can be achieved.