Islamic Family Law: Imams, Mosques, and Sharīʿa Councils in the UK

Abstract

This article explores the practice of Islamic family law in the UK. It draws on empirical data from a study examining marriage and divorce among British Muslims. The research involved in-depth interviews with British- Muslim women to gain a well-grounded understanding of the problems associated with Muslim marriage and divorce from their lived experiences. Furthermore, the study involved interviews with experts and professionals ranging from imams and sharīʿa council judges to solicitors and counsellors. Sharīʿa council hearings were also observed and their procedural documents analysed. The findings reveal the strong influence of religion and culture in establishing social norms, dictating the importance of nikāḥ in establishing the marriage and the need for Islamic divorce upon the breakdown of the marriage among the participants, conferring with practices found in other diasporic communities around the world. Imams, mosques, and sharīʿa councils play an important role in facilitating matrimonial practices among British Muslims, and their status and authority in the British Muslim community is an influencing factor affecting decisions made.