Reformulation of Islamic Matrimonial Law: British Muslims, Contemporary Understandings and Normative Practices

Abstract

This paper explores the practices of marriage and divorce among British Muslims and draws upon empirical data from a study that employed a phenomenologically-inspired research methodology. The study involved in-depth interviews with British Muslim women to understand the problems associated with Muslim marriage and divorce as reflected in their lived experiences. Furthermore, the study involved interviews with experts or professionals ranging from imams and Shariah council judges to solicitors and counsellors, as well as observations of Shariah council hearings and analysis of their procedural documents. The findings revealed the strong influence of religion in establishing norms and dictating the importance of nikāḥ in establishing the “real” marriage, whereas civil marriage was considered a secondary issue. In the pursuit of divorce, the civil divorce demarcated the severing of the marital relationship; however, participants only felt “free” once they obtained the Islamic divorce. The majority of participants achieved an Islamic divorce without the use of imams or Shariah councils, whilst for others with nikāḥ-only marriages, Shariah councils were the only option available to gain an Islamic divorce.