Recognizing the Unrecognized: Inter-Country Cases and Muslim
Marriages & Divorces in Britain
Sohail Akbar Warraich
& Cassandra Balchin (Published: January 2006)
WLUML has conducted a
brief policy research project with the aim of beginning a dialogue
on how to address the human rights violations being suffered by
women in Muslim communities in Britain and South Asia in connection
with the recognition of Muslim marriages and divorces in Britain. We
believe this to be the first in-depth report of the issue to combine
sociological, legal and political analysis.
Many thousands in
the Muslim community in Britain as well as non-British spouses of
British Muslims may be in marriages or undergo divorces whose legal
validity is doubtful in the eyes of the English courts and
authorities such as immigration and pensions.
This leaves
them in a ‘married/un-married’ limbo, often referred to in legal
terms as ‘limping marriages’. The law and what it requires of people
in order to have a valid status is clear neither to those in the
Muslim community in Britain and abroad nor to UK administrative
authorities, support groups, legal practitioners and commentators.
TABLE OF CONTENTS
Acknowledgements
Introduction
0.1 Background and Aims
0.2
Research Methodology
0.3 Contributing to Dialogue
Section 1
Mapping the Issues1.1 Who is
Affected?
1.2 The Problems Identified
Section
2
Case-Studies: The Human Cost Section 3
The
Policy Context3.1 The Muslim Community in Britain
3.2
Social Practices Among South Asian Muslims
Regarding Marriage
and Divorce3.3 The Muslim Community and British Policy
Towards Migrant Communities and Multiculturalism
3.4 Muslim Women
and British Policy
Section 4
The Legal
Context4.1 British Law
4.2 Laws in Bangladesh, India and
Pakistan
4.3 European and International Law
Section
5
Future Trends Section 6
Previous Research and
Existing Expertise6.1 Family Law Matters Overlooked or
Compartmentalized
6.2 “In Islam”, ‘Islamic Law’ and ‘Classical
Law’
6.3 Limited Knowledge of Muslim Laws and Statutory
Provisions in Muslim Countries
6.4 Expert Opinions
6.5 Are
Researchers Asking the Right Questions?
Section
7
Legal Pluralism in Britain7.1 The Demand for a Separate
System for Muslims
7.2 The Male-centred Approach of the Shariah
Councils
7.3 Legal Pluralism and the Muslim Community in
Britain
7.4 The Failings of the Current British System
7.5
Conclusion
Section 8
Solutions for Other Communities
and Elsewhere Section 9
Recommendations
Annexe 1 Bibliography
Annexe 2 Key-Informants
Annexe 3
Selected Sections of the Muslim Family Laws Ordinance,
1961
Annexe 4 List of Statutes and Law Commission
Reports