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Are there sharia courts in the UK?

Supreme Court of the United Kingdom, Court 1 Interior, London, UK - Diliff
Photo: Diliff, CC BY-SA 3.0 via Wikimedia Commons

No, not in the sense of real courts. The UK has a few dozen "sharia councils" and one arbitration body, the Muslim Arbitration Tribunal. They have no criminal powers, can't override English law, and people use them voluntarily, mostly to get an Islamic divorce.

Sharia councils

Sharia councils are private religious bodies, usually linked to mosques or groups of scholars. The best known is the Islamic Sharia Council in London, set up in the early 1980s. They're not part of the court system and can't make legally binding decisions.

Most of their work is helping Muslim women who want an Islamic divorce. If a husband refuses to give a religious divorce (talaq), the woman can ask a council to dissolve the Islamic marriage, often through khul'. A civil divorce from the family court ends the legal marriage, but many women also want religious closure. See Can a Muslim woman ask for a divorce?

The Muslim Arbitration Tribunal

The Muslim Arbitration Tribunal works differently. It runs under the Arbitration Act 1996, the same law that lets businesses, and other faith groups such as Jewish batei din, settle civil disputes by private arbitration. When both sides freely agree, a decision on things like a business or money dispute can be enforced by the ordinary courts.

  • No criminal cases: crime is only for the state's police and courts.
  • No forcing anyone: both sides must agree to take part.
  • English law wins: a court won't enforce a decision that's unfair or breaks public policy.
  • Children: arrangements for children are ultimately decided by the family court.

The 2018 independent review

In 2018 an independent review commissioned by the Home Office looked at sharia councils in England and Wales. It found that most people using them were women seeking an Islamic divorce. It also heard concerns about some councils' practices and about women in religious-only marriages lacking legal protection. One key recommendation was that Islamic marriages should also be civilly registered. Views on the review differ, but that point is widely shared by Muslim scholars and campaigners alike. See Is my church wedding still valid after becoming Muslim?

What about the USA?

There are no sharia councils with any official role in the USA. Some imams and Islamic centers help couples with religious divorces or mediation, and private religious arbitration is possible under general arbitration law, but courts won't enforce anything that conflicts with US law or constitutional rights.

Key points
  • UK sharia councils are private and can't issue binding rulings.
  • The Muslim Arbitration Tribunal works under the Arbitration Act 1996.
  • Neither has any criminal power, and use is voluntary.
  • Most cases are Islamic divorces, mainly requested by women.
Tip: If you marry in the UK, register your marriage civilly as well as having a nikah. If it ever ends, you'll have full legal protection, and a council can still help with the religious side.

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