ABSTRACT
According to English law, matters pertaining to marriage and divorce are exclusively dealt with by civil law. Previous studies show that diasporic Muslim communities follow customary laws from their countries of origin in relation to marriage and divorce, thus the place of civil law among such proceedings. Furthermore, as civil law does not resolve religious divorce, Muslim women may turn to Shariah councils to secure an Islamic divorce. Shariah councils are criticised for following Islamic norm and values that marginalise and discriminate against women. Others argue that Shariah councils have a flexible approach providing a religious need, and operate within the bounds of the law. However, some suggest that further empirical research is required to understand the experience of those who use Shariah councils, whilst the recent Independent Shariah Review proposed the regulation of Shariah councils to prevent discrimination against women. In light of such debates, this chapter explores the practices of Shariah councils in the UK and draws upon empirical data from a doctoral study on Islamic divorce. The research involved in-depth interviews with British Muslim women, and interviews with professionals ranging from imams and Shariah council judges to solicitors and counsellors. Shariah council hearings were also observed and their procedural documents analysed. The findings reveal the strong influence of religion and culture in establishing social norms, dictating the need for an Islamic divorce, and the role of Shariah councils in obtaining a religious divorce. The findings inform the positive ways Shariah councils contribute as a dispute resolution forum. Nevertheless, this chapter questions some contemporary understandings and normative practices found within Shariah councils and suggests reform and regulation of their processes and procedures to provide Muslim women with greater rights and protection.
