Private Arrangements: “Recognizing sharia” in England

Women tend to accept the tribunals’ formal decisions because, strategically, religious divorces are important. But most then turn to the civil courts to obtain rulings on child custody and divorce settlements. In the case of the Leyton Council, the scholars may give their opinion concerning an appropriate settlement regarding children and finances, but, much to their chagrin, their custody and financial decisions almost never stick.

The Archbishop’s last objection to recognizing Islamic arbitration was that doing so would weaken Muslims’ commitment to a common law and thus threaten national unity. The Archbishop spent the most time on this point, but it seems to have worried him much less than it worries others. [Boston Review] Read more