WUNRN
Women Living Under Muslim Laws - WLUML
Recognizing the Un-Recognized: Inter-Country Cases and Muslim Marriages
& Divorces in Britain
Sohail Akbar Warraich & Cassandra Balchin (Published: January
2006)
Now available online! WLUML's 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
Issues
1.1 Who is Affected?
1.2 The Problems Identified
Section 2
Case-Studies: The Human Cost
Section
3
The Policy Context
3.1 The Muslim Community in Britain
3.2 Social
Practices Among South Asian Muslims
Regarding Marriage and
Divorce
3.3 The Muslim Community and British Policy Towards Migrant
Communities and Multiculturalism
3.4 Muslim Women and British Policy
Section 4
The Legal Context
4.1 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 Expertise
6.1 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 Britain
7.1 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
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