Muslim Marriage and Divorce Practices in Britain

: Avenues for Regulation

Abstract

The marriage and divorce practices of Muslims in Britain have gained increased scholarly attention in the last decade. The resulting body of literature has shed light on various concerns relating to unregistered Nikah marriages and the operation of faith-based dispute resolution mechanisms, more specifically, Sharia councils. A number of contributions have been explicit in identifying the need for reform and regulation on many fronts in order to address these concerns. This thesis explores avenues for the regulation of Muslim marriage and divorce practices in Britain. The premise and rationale for this study is that some form of regulation is necessary, but that further empirical research investigating existing proposals is required in order to identify key actors as well as the most suitable course of action. This is informed by a theoretical position advocating a multiculturalist approach to the accommodation of Muslim marriage and divorce practices which is foregrounded in the notion of legal pluralism as a lived reality, more specifically in the area of family laws. This study offers a unique contribution to the debate by providing a space for British Muslims to articulate their own views and attitudes on the kind of change and improvement they would like to witness concerning these topics and to steer public and academic debate towards a more practical and solution-guided approach. By undertaking an analysis of a number of prominent proposals, explored first through document analysis and then through interviews with key Muslim stakeholders including Muslim women, Imams, and Sharia council scholars, various possibilities and challenges as well as potential implications of said proposals are identified. Through this, the merits of top-down and community-led approaches are highlighted and, accordingly, a range of actor-specific recommendations for reform and good practice is provided.

Date of Award	23 Mar 2022
Original language	English
Awarding Institution	University of Bristol
Supervisor	Siobhan McAndrew (Supervisor) & Tariq Modood (Supervisor)