Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles

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 :
Provider :
Product Bucket :
Recommend These Products
Load more comments
Comment by from