Sharia courts and Europe

en staff  |  UK & Ireland
Date posted:  1 Mar 2019
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Sharia courts and Europe

On 22 January, the Council of Europe1 called on the UK to examine the way sharia councils are operating in the UK.

Resolution 2253 2 said: ‘The Assembly is concerned about the “judicial” activities of “sharia councils” in the United Kingdom. Although they are not considered part of the British legal system, sharia councils attempt to provide a form of alternative dispute resolution, whereby members of the Muslim community, sometimes voluntarily, often under considerable social pressure, accept their religious jurisdiction mainly in marital and Islamic divorce issues, but also in matters relating to inheritance and Islamic commercial contracts. The Assembly is concerned that the rulings of the sharia councils clearly discriminate against women in divorce and inheritance cases.’

Operate within the law

The UK was asked to report back on the resolutions by June 2020. Included in the resolution, the UK is to:

14.1 Ensure that sharia councils operate within the law, especially as it relates to the prohibition of discrimination against women, and respect all procedural rights;

14.2. Review the Marriage Act to make it a legal requirement for Muslim couples to civilly register their marriage before or at the same time as their Islamic ceremony, as is already stipulated by law for Christian and Jewish marriages;

14.3. Take appropriate enforcement measures to oblige the celebrant of any marriage, including Islamic marriages, to ensure that the marriage is also civilly registered before or at the same time as celebrating the religious marriage.

FOOTNOTES

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