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 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