Save

Procedure of Issuing Religious Divorce and Resolving Matrimonial Disputes at Sharīʿah Councils in the uk

In: Arab Law Quarterly
Authors: Rafidah Mohamad Cusairi1 and Mahdi Zahraa2
View More View Less
  • 1 Senior Lecturer, Department of Civilisation and Philosophy, School of Language, Civilisation and Philosophy, College of Arts and Sciences, University Utara Malaysia, Malaysia
  • | 2 Reader in Law, Department of Law, Economics, Accountancy and Risk, Glasgow School for Business and Society, Glasgow Caledonian University, Glasgow, United Kingdom
Online Publication Date:
26 Dec 2018
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

€29.95$34.95
Add to Cart

Other access options

Rent on DeepDyve
Redeem Access Token

Abstract

The unavailability of civil courts to hear cases relating to Muslim family law and other related matters persuaded community leaders and religious scholars in the United Kingdom to establish several Sharīʿah councils. This article explores the role played by these councils in resolving matrimonial disputes, especially the process and procedure of issuing an Islamic divorce. Library and empirical research methods were employed. Three main uk Sharīʿah councils were visited wherein mediation and arbitration sessions, as well as monthly meetings, were observed to examine how disputes are handled and decisions made. The study leads to several findings. Mediation and arbitration are the main methods used in the process, and despite the relative success of Sharīʿah councils, they face challenges resulting from the dichotomy and overlapping jurisdictions of Islamic and English family law and the non-alignment of divorce issued by uk courts and religious divorce.

Title:
Procedure of Issuing Religious Divorce and Resolving Matrimonial Disputes at Sharīʿah Councils in the uk
Article Type:
Research Article
DOI:
https://doi.org/10.1163/15730255-12321043
Language:
English
Pages:
1–32
Keywords:
Sharīʿah councils; Islamic/religious divorce; mediation arbitration; med-arb
In:
Arab Law Quarterly
In:
Volume 32: Issue 1
Publisher:
Brill
E-ISSN:
1573-0255
Print ISSN:
0268-0556
Subjects:
Islamic Law, Middle East and Islamic Studies

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 583 67 6
Full Text Views 238 8 0
PDF Views & Downloads 65 17 0