Five options for the relationship between the state and sharia councils: untangling the debate on sharia councils and women's rights in the United Kingdom
This study clarifies the positions in the debate on Sharia councils and women's rights in the UK by identifying the arguments for and against state accommodation of Sharia councils. In light of these arguments as well as practice and legal theory, a conceptual framework of five options a state...
| Published in: | The journal of religion & society |
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| Main Author: | |
| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Creighton University
2014
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| In: |
The journal of religion & society
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| Further subjects: | B
Divorce (Islamic law)
B Islamic Law B Islamic courts B Islam; Great Britain B Islam and state B Law; Great Britain B Muslims; Great Britain |
| Online Access: |
Volltext (kostenfrei) Volltext (kostenfrei) |
| Summary: | This study clarifies the positions in the debate on Sharia councils and women's rights in the UK by identifying the arguments for and against state accommodation of Sharia councils. In light of these arguments as well as practice and legal theory, a conceptual framework of five options a state may have is presented: i) full accommodation; ii) partial independent accommodation; iii) partial dependent accommodation; iv) no accommodation, no intervention; v) state intervention. It concludes that proponents argue in favor of "partial dependent accommodation," but that the UK, in reality, practices "no accommodation, no intervention," which has led to a bill in favor of state intervention.The Arbitration Act of 1996 provides legal jargon for religious tribunals, and under the alternative dispute resolution Sharia councils have been able to function. Sharia councils, however, do not mediate or arbitrate. The raison d'etre of Sharia councils is dealing with one-party divorce requests based on religious law. |
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| ISSN: | 1522-5658 |
| Contains: | Enthalten in: The journal of religion & society
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| Persistent identifiers: | HDL: 10504/64339 |