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Authority and authenticity. Sharia councils, muslim women's rights and the English courts
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Ali, Shaheen Sardar (2013) Authority and authenticity. Sharia councils, muslim women's rights and the English courts. Child & Family Law Quarterly, Volume 25 (Number 2). p. 113. ISSN 1358-8184 .
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Official URL: http://www.jordanpublishing.co.uk/practice-areas/f...
Abstract
This paper focuses on the role and rationale of Sharia Councils in Britain (in particular in the issuance of ‘Islamic' divorce certificates to Muslim women), and considers questions of authority and authenticity in their operative frameworks from an Islamic jurisprudential perspective including Siyar and Fiqh-al-Aqalliyat. Focusing on British Sunni Muslims of Pakistani ethnicity, the paper poses the question that since ‘Islamic laws' are susceptible to interpretative plurality, who determines what constitutes ‘authentic' Islamic law in the absence of an identifiable ‘authority', at least within the Sunni Islamic legal traditions? Is there a tangible socio-religious requirement for British Muslim communities to have a parallel quasi-legal system for dispute resolution? How do responses to these questions frame the assumed central role currently fulfilled by Sharia Councils, and what are the alternatives? In the context of Sharia Councils, this paper argues that whilst some will approach these institutions entirely of their own volition exercising agency, autonomy and/or fulfillment of their religious obligations, their very existence and lack of ‘Islamic' alternatives pressurises women to use such forums to obtain ‘acceptance' from their families and communities.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Subjects: | B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc K Law [LC] > KD England and Wales |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Muslim women -- Legal status, laws, etc -- Great Britain, Islamic courts , Marriage (Islamic law) , Divorce (Islamic law) | ||||
| Journal or Publication Title: | Child & Family Law Quarterly | ||||
| Publisher: | Jordan Publishing Ltd. | ||||
| ISSN: | 1358-8184 | ||||
| Official Date: | 21 June 2013 | ||||
| Dates: |
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| Volume: | Volume 25 | ||||
| Number: | Number 2 | ||||
| Page Range: | p. 113 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access |
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