CAIRO – Following criticism to Shari`ah courts for pressuring women to remain in abusive marriages, British Muslim leaders are setting plans for ‘transparent’ tribunals to help restore trust in Islamic legal system.
“The Panorama program has drawn our attention to some serious issues which require a robust proactive action on part of the Islamic leadership,” Mohammed Mushtaq, president of the Bradford Council for Mosques, told The Telegraph & Arguson Tuesday, April 9.
“We have responsibility to restore the trust and confidence of Muslim women in these important community institutions that they will get fair and unbiased advice and support for their legitimate concerns.”
Shari`ah courts in Britain have come under fire for pressuring Muslim women to remain in abusive marriages.
The criticism followed the broadcast of a BBC program about the tribunals and how they work to settle marital disputes.
Women appeared in the program accusing judges in Shari`ah courts of seeking to convince them to stay in abusive marriages.
Muslim leaders said that they would work to set up a robust and transparent Shari`ah courts in Bradford to set a good example for other cities in Britain to follow.
“There is a strong case for the Shari`ah councils to be better resourced and supported to make their work standardized to ensure consistency and quality across the board,” Mushtaq said.
Shari`ah courts have been operating in Britain for over two decades.
Shari`ah courts are legally recognized in Britain as providing a form of Alternative Dispute Resolution.
Under the Arbitration Act 1996, the rulings of religious bodies, including the Muslim arbitration tribunal, already have legal force in disputes involving matters such as inheritance and divorce.
As well as marital disputes, they rule in discords over inheritance, contractual disagreements between Muslim landlords and tenants and sometimes between employees and their employer.
Britain is home to a sizable Muslim minority of nearly 2.7 million.
Framework
The umbrella mosque council has pledged to re-organize the work of Shari`ah courts in an agreed framework in cooperation with the government.
“Council for Mosques Bradford is presently consulting Imams and Muslim scholars regarding an appropriate framework that is robust and transparent which may serve as a template for other towns and cities,” Mushtaq said.
Councilor Imran Hussain, the deputy leader of Bradford Council of Mosques, echoes a similar pledge.
“As a district we take domestic violence very seriously as do the partner agencies we work with and it will continue to be a priority,” said Hussain, who is responsible for the safer and stronger communities portfolio.
“We have a good relationship with the Council for Mosques who are far better placed than I to comment on Shari`ah courts.”
In Islam, marriage is a sacred bond that brings together a man and a woman by virtue of the teachings of the Qur’an and the Sunnah.
Each partner in this sacred relationship must treat the other properly and with respect.
Divorce is not at all viewed favorably in Islam and is discouraged unless warranted by valid reasons.
Divorce is one of the rights that Islam grants to husbands. In most cases, a husband can claim that right.
However, there are also some cases in which a wife can terminate marriage; for example, by means of khul` (wife’s right to obtain divorce under certain conditions).
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