Shari’ah Councils and the Practice of Law-Making

Abstract

For many liberal scholars the practice of religious personal systems of law raises the paradox of what Shachar refers to as ‘multicultural vulnerability’ (2001, p. 45), namely the dilemma of protecting individual choice and personal autonomy with group and community rights. The arena of family law succinctly illustrates this conflict, as Shachar explains: ‘Clearly, when the state awards jurisdictional powers to the group in the family law arena, it enhances the group’s autonomy. At the same time, this re-allocation of legal authority from the state to the group may also expose certain individuals within the group to systemic and sanctioned in-group rights violations’ (2001, p. 45). Such concerns also mirror current debates over the establishment of ‘Shari’ah courts’ in Britain. At present the literature is scant on the ways in which Shari’ah councils govern, co-ordinate and operate privately in matters of family law within Muslim communities. And very little in actual fact is known about how Shari’ah councils operate as ADR mechanisms in Britain and the ways in which these bodies facilitate state law mechanisms in relation to resolving matrimonial disputes (Shah-Kazemi, 2001).KeywordsDispute ResolutionMuslim WomanCase FileMuslim CommunityCouncil MemberThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.