11 December 2017

How best to help women caught between different kinds of family law

AS IS reported by The Economist in this week’s print edition, almost everybody can agree that there are acute difficulties at the interface between Islamic family law and the liberal West. Especially for married Muslim women, living in a kind of limbo between the Islamic world and the secular world can be exceptionally tough. So far, so much consensus. What people don’t agree on, however, is how to improve this situation.

Start with England, which presents an extreme case of the pathologies facing Muslim minorities in the West. In no other country have so many “sharia councils” sprung up to adjudicate the affairs of Muslim people, especially women who are trapped in unhappy marriages and want a religious divorce. (Some say these councils should be regulated, others want them abolished.) And in no other country is it so common for young Muslim couples to have religious-only marriages or nikahs which are never registered with the state, so that in the event of a breakdown the financially vulnerable partner, usually female, has few entitlements.

Aina Khan, a London-based lawyer who specialises in family law, is prime mover of a campaign called “Register Our Marriage”, which aspires both to change the law and to make Muslims, especially women, more conscious of the dire consequences of a religious-only rite. [The Economist] Read more