A case study about religious beliefs and divorce in the field of the british family law

The first 5 years are relatively divorce-free, and if a marriage survives more than 20 years it is unlikely to end in divorce.

A case study about religious beliefs and divorce in the field of the british family law

Lisa Pilgram 8 November Muslims in Britain marry, divorce, bring up their children and deal with death by resorting to a variety of norms such as Sharia law, English family law and customary law.

The sole legal framework of state law within which western conceptions of citizenship are imagined is in contrast to British-Muslim family law, a set of new hybrid legal practices of citizenship.

However, emerging British-Muslim family law includes practices that belie an essentialist perception of opposition between Sharia and the West, the oriental and the occidental, the foreign and the native.

For British-Muslim family law, these dichotomies are of no use in addressing specific legal needs that arise from the interaction between English law and Muslim law in contemporary Britain. Muslims march for Sharia law zones in the UK. British-Muslim family law What can be called British-Muslim family law is porous but involves a distinct field of actors, institutions, practices, scripts and discourses within which Muslims in the UK create and maintain themselves as British-Muslim subjects.

It is an emerging legal field that depends on the development of a legal market drawing on English law as well as Sharia law and which, in turn modifies existing norms of English family law, legal culture, personal religious identity, community customs and also norms of Islamic law.

British-Muslim family law is developing in response to the time and space specific needs of people who seek to go through legal processes in the UK as Muslims. British-Muslim family law today pervades a broad field, involving a range of actors, institutions, practices, scripts and discourses.

A particularly interesting instance of legal hybridisation is that of a number of Sharia Councils institutions providing legal rulings and advice for Muslims which claim to derive their rulings not from one particular Islamic school of thought, as would be the case traditionally, but from all four Sunni schools, including minority interpretations.

This allows for more flexibility when dealing with new issues that may arise for Muslims in Britain. Also solicitors registered in the UK increasingly offer Islamic legal services as part of their portfolio.

These services include the issuing of Muslim divorce certificates or the drawing up of wills that satisfy Muslim as well as English legal requirements. These strategies and technologies are in turn received, interpreted and implemented by their clients.

Thus, all legal subjects engaged in this field of law — clients, solicitors, scholars — construct and are constructed by its norms. It is particularly illustrative of British-Muslim family law that these solicitors enter the legal market on their own terms. The fact that they gain added value remuneration as well as recognition as experts by offering both English family law and Islamic legal services can be seen as a reflection of how British Muslims have to navigate between different legal fields when arranging their private lives.

Islamic legal services offered by solicitors represent a special case of hybrid British-Muslim family law as they explicitly draw on and to a certain extent combine Muslim and English law.

In the following section interview excerpts from legal practice in a private law firm provide an illustration of the phenomenon. Muslim solicitors require Islamic and English legal knowledge.

This would usually entail a UK law degree and qualification to practice as solicitor together with additional academic qualifications in Islamic law from a university either in or outside the UK. Solicitors see themselves as different from Muslim scholars, who have the authority to decide upon substantial religious matters, and in certain cases issue a fatwa.

They [clients] feel that going to a solicitor is binding even if we say it is not. But they get that peace of mind.

British-Muslim family law and citizenship

It depends on what the client is looking for It depends on individual priorities. It is important to note that both these certificates are generally not enforceable under English law.

English legal rules on inheritance are rather flexible and there are few restrictions as to how to divide personal assets.

This gives enough space to draft wills according to Islamic legal rules on inheritance. An interesting case concerned a client who had converted to Islam but whose family did not do so and were therefore non-Muslim.

To him, drafting an Islamic will was of central importance to his faith. However, the solicitor informed him that in Islamic law Muslims cannot make bequests to non-Muslims. He was told that this was not Islamic but he requested this clause to be included regardless.

A case study about religious beliefs and divorce in the field of the british family law

Because I think they are old enough to make their own decisions. The very fact that British-Muslim family law is a hybrid allows for this. Under English law, wills can be drafted rather flexibly, allowing for the distribution element to be Islamic.

An Islamic will which does not entirely follow the Islamic distribution element would not be valid in a jurisdiction based on Islamic legal principles but can still be enforceable under English law.

This gives considerable room to navigate personal needs between various legal demands. The husband wanted the Islamic certificate to be posted to her family to clarify matters as he did not feel married anymore.

He had no intention of sharing a common life with his, by then estranged, wife. Yet, due to pressure from his family, he had briefly resumed to living with her just after the uttering of the divorce and within the Islamically prescribed waiting period of three months which needs to pass for a talaq to be valid.

He argued, however, that his return to the marital home was irrelevant to his intention to divorce his wife and that they had no sexual relations during this period.

Because of the complicated nature of this case, the solicitor suggested that he should seek the advice of a local shaikh learned Muslim scholar who had the necessary religious authority to determine whether the Islamic divorce was valid.Sharia, Sharia law, or Islamic law (Arabic: شريعة ‎ (IPA: [ʃaˈriːʕa])) is a religious law forming part of the Islamic tradition.

It is derived from the religious precepts of Islam, particularly the Quran and the Hadith. This is the report of the project, Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts, funded by the Arts and Humanities Research Council, which explored how religious law.

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Social Cohesion and Civil Law: Marriage, Divorce and Religious Courts. In /, researchers at Cardiff Law School and the Centre for the Study of Islam in the UK at Cardiff University carried out a study of religious courts and tribunals across the UK.

Parents and Children> The relationships between children and parents are complex. In different contexts, the word "parent" can include biological parents (married or unmarried), step-parents, adoptive parents, foster-parents, godparents and parents-in-law. If such a stable family life is linked closely to a lively religious life, as these studies indicate, then the peace and happiness of the nation depend significantly on a renewal of religious.

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