SHARIA COURTS IN THE UK: A PARALLEL LEGAL SYSTEM OR RELIGIOUS ARBITRATION?
Authors:
Type:
Article
Pages:
from 23
to 29
Status:
Published
Received:
13.06.2017
Accepted:
01.12.2017
Published:
10.07.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
Sharia courts, Islamic Sharia Council, parallel legal system, religious arbitration, divorce, family conflict, domestic violence, human rights, gender equality, parliamentary inquiry.
Abstract (English):
The article deals with the question of the status of Sharia courts in the United Kingdom, acting as a religious arbitration. In total, 85 Sharia courts (councils) with jurisdiction to handle family conflicts and divorces (divorces account for approximately 90%) are currently officially functioning in this country. These courts (councils) are not part of the British legal system and are not subject to judicial review. Some Sharia councils, contrary to English law, discriminate on the basis of sex. The lack of real protection on the part of state structures puts women who are victims of domestic violence at particular disadvantage. Unlike women of other confessions in the UK, a significant part of Muslim women who are in a religious marriage can be divorced only by religious ceremony. Concluding a Sharia marriage in the UK, a Muslim woman receives an Islamic marriage certificate that includes many conditions, but does not contain an item on the right to divorce. Unlike Britain in Muslim countries, such as, for example, Tunisia, Sharia courts for divorce are no longer used, and spouses have equal rights in divorce. The absence of legal provisions of the rights of women participating in the proceedings by agreement of the parties, and numerous instances of discrimination have led to investigations at the level of the British government and the parliament. It was concluded that in the country formed a parallel legal system that violates human rights.
The article deals with the question of the status of Sharia courts in the United Kingdom, acting as a religious arbitration. In total, 85 Sharia courts (councils) with jurisdiction to handle family conflicts and divorces (divorces account for approximately 90%) are currently officially functioning in this country. These courts (councils) are not part of the British legal system and are not subject to judicial review. Some Sharia councils, contrary to English law, discriminate on the basis of sex. The lack of real protection on the part of state structures puts women who are victims of domestic violence at particular disadvantage. Unlike women of other confessions in the UK, a significant part of Muslim women who are in a religious marriage can be divorced only by religious ceremony. Concluding a Sharia marriage in the UK, a Muslim woman receives an Islamic marriage certificate that includes many conditions, but does not contain an item on the right to divorce. Unlike Britain in Muslim countries, such as, for example, Tunisia, Sharia courts for divorce are no longer used, and spouses have equal rights in divorce. The absence of legal provisions of the rights of women participating in the proceedings by agreement of the parties, and numerous instances of discrimination have led to investigations at the level of the British government and the parliament. It was concluded that in the country formed a parallel legal system that violates human rights.
Keywords:
Sharia courts, Islamic Sharia Council, parallel legal system, religious arbitration, divorce, family conflict, domestic violence, human rights, gender equality, parliamentary inquiry.
Sharia courts, Islamic Sharia Council, parallel legal system, religious arbitration, divorce, family conflict, domestic violence, human rights, gender equality, parliamentary inquiry.
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