The Muslim populous of the UK now numbers almost 3 million people. In this context, with empirica... more The Muslim populous of the UK now numbers almost 3 million people. In this context, with empirical research estimating that 30% of Muslim marriages are not legally valid, there is a clear lacuna between the law and practice. Much has been written about the topic of relationship regulation in recent years in the context of cohabitation and same sex relationships and some clarity has been given to same sex couples by the enactment of the Marriage (Same Sex Couples) Act 2013. There remains a lack of clarity and uniformity in the existing law dealing with marriage and it is, in part, due to this plurality that the Home Office recently concluded its Sharia Law Review (www.gov.uk/government/publications/ applying-sharia-law-in-england-and-wales- independent-review). The Home Affairs Select Committee was also conducting an inquiry into Sharia Councils during late 2016/early 2017 but due to the general election on 8 June 2017 the Committee closed the inquiry and it has not yet been re-instated. It is concerning that given the depth and breadth of the issues impacting (predominantly) British Muslim women, we lack the legal remedies to address the unfairness caused following the breakdown of an Islamic only marriage and have gone so far as to call this Home Office review a ‘non-event’.
The Muslim populous of the UK now numbers almost 3 million people. In this context, with empirica... more The Muslim populous of the UK now numbers almost 3 million people. In this context, with empirical research estimating that 30% of Muslim marriages are not legally valid, there is a clear lacuna between the law and practice. Much has been written about the topic of relationship regulation in recent years in the context of cohabitation and same sex relationships and some clarity has been given to same sex couples by the enactment of the Marriage (Same Sex Couples) Act 2013. There remains a lack of clarity and uniformity in the existing law dealing with marriage and it is, in part, due to this plurality that the Home Office recently concluded its Sharia Law Review (www.gov.uk/government/publications/ applying-sharia-law-in-england-and-wales- independent-review). The Home Affairs Select Committee was also conducting an inquiry into Sharia Councils during late 2016/early 2017 but due to the general election on 8 June 2017 the Committee closed the inquiry and it has not yet been re-instated. It is concerning that given the depth and breadth of the issues impacting (predominantly) British Muslim women, we lack the legal remedies to address the unfairness caused following the breakdown of an Islamic only marriage and have gone so far as to call this Home Office review a ‘non-event’.
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Papers by Shabana Saleem