Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles
Authors

Authority and authenticity: Sharia councils, Muslim women’s rights, and the English courts [2013] CFLQ 113

Sep 29, 2018, 19:03 PM
Slug : Ali2013CFLQ113
Meta Title : Authority and authenticity: Sharia councils, Muslim women’s rights, and the English courts [2013] CFLQ 113
Meta Keywords : family, children, law, sharia councils, muslim
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 21, 2013, 10:15 AM
Article ID : 104835

Keywords: Sharia councils - Siyar, Fiqh al-Aqalliyat - Muslim women - multiculturalism

This paper focuses on the role and rationale of Sharia Councils in Britain (in particular in the issuance of ‘Islamic' divorce certificates to Muslim women), and considers questions of authority and authenticity in their operative frameworks from an Islamic jurisprudential perspective including Siyar and Fiqh-al-Aqalliyat. Focusing on British Sunni Muslims of Pakistani ethnicity, the paper poses the question that since ‘Islamic laws' are susceptible to interpretative plurality, who determines what constitutes ‘authentic' Islamic law in the absence of an identifiable ‘authority', at least within the Sunni Islamic legal traditions? Is there a tangible socio-religious requirement for British Muslim communities to have a parallel quasi-legal system for dispute resolution? How do responses to these questions frame the assumed central role currently fulfilled by Sharia Councils, and what are the alternatives? In the context of Sharia Councils, this paper argues that whilst some will approach these institutions entirely of their own volition exercising agency, autonomy and/or fulfillment of their religious obligations, their very existence and lack of ‘Islamic' alternatives pressurises women to use such forums to obtain ‘acceptance' from their families and communities.

The full version of this article appears in issue 2 of 2013 of Child and Family Law Quarterly.

Categories :
  • Articles
  • CFLQ
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from