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Plural approaches to faith-based dispute resolution by Britain's Muslim communities
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Akhtar, Rajnaara C. (2019) Plural approaches to faith-based dispute resolution by Britain's Muslim communities. Child and Family Law Quarterly, 31 (3). pp. 189-214.
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Abstract
The role of Muslim faith-based dispute resolution forums in family matters continues to be fiercely contested in British legal and political debate. Questions concerning compatibility with state law in England and Wales led to a government-instigated Independent Review into the Application of Sharia Law in England and Wales (2018). This Review concluded that there should be compelled registration of all Muslim religious marriages, an awareness campaign to enable Muslim couples to understand the legal outcomes of unofficial marriages better, and regulation of Sharia Councils. While these recommendations sought to overcome perceived disadvantages suffered by Muslim women, in reality there exists a plurality of views and approaches to marriage, families and faith-based dispute resolution within British Muslim communities, which continue to be overlooked. This article draws on extensive empirical research engaging Muslims in Britain, seeking to ascertain views and approaches to dispute resolution in family matters. It postulates a narrative of plurality, and concludes that the independent Review recommendation to regulate Sharia Councils is most responsive to the research findings and diverse Muslim family needs.
| Item Type: | Journal Article | ||||||
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| Subjects: | H Social Sciences > HQ The family. Marriage. Woman K Law [LC] > K Law (General) K Law [LC] > KBP Islamic law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Journal or Publication Title: | Child and Family Law Quarterly | ||||||
| Publisher: | Lexis | ||||||
| Official Date: | 1 September 2019 | ||||||
| Dates: |
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| Volume: | 31 | ||||||
| Number: | 3 | ||||||
| Page Range: | pp. 189-214 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Related URLs: |
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