Introduction

Existing studies demonstrate how some British Muslims follow customary/normative laws from their cultures of origin, resulting in marriage performed according to religious rites only. Where this is not coupled with a civil ceremony of marriage, these couples are treated as cohabitants by the law, and their nikah is seen as a ‘non-qualifying ceremony’ or ‘non-existent marriage’, limiting their access to state dispute resolution mechanisms. This paves the way for religious dispute resolution forums such as Sharia Councils. Recent debates have focused on the use of Sharia Councils as quasi-legal, unofficial bodies that function to mediate, arbitrate and issue Islamic divorce certificates. Critics argue that Sharia Councils follow Islamic norms, discriminate against Muslim women, operate as a parallel legal system and contradict human rights law and therefore should be banned. Others view Sharia Councils as flexible and providing a solution to the needs of users, mainly Muslim women, while operating within the law. The 2018 Independent review into the application of sharia law in England and Wales recommended regulation of Sharia Councils (Home Office, 2018).

This chapter explores the practices of Islamic marriages and divorce among British Muslims, providing a valuable insight into the intricacy of such practices. It also examines formal and informal dispute resolution mechanisms; dimensions of inequality, discrimination, agency, and access to justice in the use of Sharia Councils and other dispute resolution forums; and the plurality of solutions formulated within Muslim communities. This chapter suggests the need to establish a ‘standard of practice’ among those forums that provide services to Muslim women seeking Islamic divorce in order to safeguard and empower women and address any imbalances arising from norms that disadvantage Muslim women.

Muslim family law: background

Muslim family law has multiple forms. One interpretation is that it represents those aspects of Sharia law (that is, Islamic law) that govern marriage, divorce, maintenance, child custody, and inheritance (An-Naim, 2002: xi). Some argue that in the minds of many British Muslims, being faithful to their religion means following what was customary in their country of origin (Ramadan, 2004), including marriage and divorce, and thus apply Sharia law in a personal capacity (An-Naim, 2010).