Council of Europe: ‘Judicial’ activities of Sharia councils in UK a cause for concern

The Parliamentary Assembly of the 47-nation Council of Europe has expressed concern about the “judicial” activities of “Sharia councils” in the UK and has recommended that barriers to Muslim women’s access to justice be removed.

A resolution adopted last night by the assembly, which brings together parliamentarians from across Europe, stated:

“Although they are not considered part of the British legal system, Sharia councils attempt to provide a form of alternative dispute resolution, whereby members of the Muslim community, sometimes voluntarily, often under considerable social pressure, accept their religious jurisdiction mainly in marital and Islamic divorce issues, but also in matters relating to inheritance and Islamic commercial contracts. The Assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases.”

While welcoming recommendations put forward in the Home Office’s independent review into the application of sharia law in England and Wales, the resolution called on the UK authorities to:

ensure that Sharia councils operate within the law, especially as it relates to the prohibition of discrimination against women, and respect all procedural rights;

review the Marriage Act to make it a legal requirement for Muslim couples to civilly register their marriage before or at the same time as their Islamic ceremony, as is already stipulated by law for Christian and Jewish marriages;

take appropriate enforcement measures to oblige the celebrant of any marriage, including Islamic marriages, to ensure that the marriage is also civilly registered before or at the same time as celebrating the religious marriage;

remove the barriers to Muslim women’s access to justice and step up measures to provide protection and assistance to those who are in a situation of vulnerability;

put in place awareness campaigns to promote knowledge of their rights amongst Muslim women, especially in the areas of marriage, divorce, custody of children and inheritance, and work with Muslim communities, women organisations and other non-governmental organisations to promote gender equality and women’s empowerment;

conduct further research on “judicial” practice of Sharia councils and on the extent to which such councils are used voluntarily, particularly by women, many of whom would be subject to intense community pressure in this respect.

The assembly called on the UK and other countries mentioned in the resolution to report back by June 2020 on the actions taken as a follow-up.