In Pursuit of an Islamic Divorce: a Socio-Legal Examination of Practices Among British Muslims

Abstract

This chapter surveys the practices of Islamic marriages and divorce among British Muslims, highlighting the importance of religious divorces to mark the end of a marriage. It looks at the various forms of ADR that have evolved in Muslim communities to deal with the lack of legal recognition of nikahs. It then argues for the establishment of a general standard of best practice for faith-based dispute resolution forums such as Shariah Councils, in order to safeguard and empower women users, and redress any imbalances in the process.