A government-commissioned independent review of Sharia Law has recommended that Muslim couples must civilly register their marriage before or at the same time as their Islamic ceremony to ensure women are fully protected under family law.
The review says that linking Islamic marriage to civil marriage ensures a greater number of women…
“will have the full protection afforded to them in family law and the right to a civil divorce, lessening the need to attend and simplifying the decision process of sharia councils”
The 18-month review, chaired by Professor Mona Siddiqui, an Islamic theology expert, was presented to Parliament. The review concluded that banning the councils would be counterproductive and force them underground.
Religious marriages that take place in England and Wales, which are not accompanied by civil registration, are treated as non-marriages.
The review says that legislative changes would be required to sections 75 to 77 of the Marriage Act 1949 so that the celebrant of specified marriages, including Islamic marriages, would face penalties should they fail to ensure the marriage is civilly registered. Minor amendments are also proposed on divorce legislation through changes to the Matrimonial Causes Act 1973 to ensure equality among all religions.
Sharia councils deal with aspects of Islamic law. They have no legal status, no legal binding authority under civil law and no legal jurisdiction in England and Wales. A review was commissioned by Theresa May in May 2016 to focus on the work of Sharia councils in England and Wales as they were deemed to be discriminating against women who use their services on marriage and divorce matters.
The review says a “cultural change” is required so that Muslim communities acknowledge women’s rights in civil law. Sharia councils must operate within the law and comply with best practice, non-discriminatory processes and existing regulatory structures. The report states:
“In particular, a clear message must be sent that an arbitration that applies sharia law in respect of financial remedies and/or child arrangements would fall foul of the Arbitration Act and its underlying protection,”
The report recommends creating a body that would set up the process for councils to regulate themselves. The body, which would include Sharia council panel members and specialist family law experts, would design a code of practice for councils to adopt.
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