Arbitration and Mediation Services (Equality) Bill Explained

The United Kingdom (UK) as a whole is governed under secular laws, although the Church of England remains England’s established church and receives special privileges, such as being represented by 26 Lords Spiritual in the House of Lords. While there is no clear separation of church and state enshrined in UK legislation, protections have been created for religious minorities who faced severe discrimination and persecution in previous centuries.

Parliament of the United Kingdom

Allowing minority communities to establish religious courts to handle civil matters stems from the pluralistic principle of accommodating diverse religions within a secular system.

The Rise of Sharia Councils in the UK

The first Muslim community to arrive on British shores comprised sailors recruited in India to work for the East India Company in the sixteenth century. Large-scale immigration of Muslims to Britain began in the post-World War II period, with Muslim migrants from former British colonies-predominantly Bangladesh, India, and Pakistan-recruited in large numbers to help rebuild the country. While these Muslim communities, diverse in themselves, largely integrated with British culture, they naturally sought to maintain their cultural and religious identities.

The first Sharia council established in the UK was the Islamic Sharia Council (ISC) in Leyton, East London, in 1982. The ISC and the other Sharia councils established in the UK are not formal courts of law but rather advisory bodies that issue recommendations in civil law and family matters from an Islamic perspective. Sharia councils are permitted to offer advice and recommendations to observant Muslims on Sharia-compliant finance, divorce, halal food, inheritance, family disputes, and marriage. Another important function of Sharia councils is offering expert opinions to the British government on the customs of the Muslim community when their advice may be useful and warranted.

Sharia courts do not have legal standing in the UK, and their recommendations are non-binding. British law always takes precedence over Islamic law in the UK, particularly in matters of equality and human rights.

Controversies and Concerns Surrounding Sharia Councils

However, this role of Sharia councils under the British legal system is not without controversy. Right-wing media often invokes Sharia councils as a fear-mongering tactic to undermine support for religious pluralism in the UK. In a written statement to the UK Parliament in 2016, for example, Baroness Caroline Cox outlined four key concerns involving the operations of Sharia councils in the UK.

Baroness Cox first pointed to the unequal access to divorce offered under Sharia, with Muslim men able to access divorce unconditionally while women require their husband’s consent or must petition a religious authority. Baroness Cox also raised concern over Sharia councils applying Islamic law beyond their legal remit, including “addressing cases of grievous bodily harm which should come to the police and the formal legal system.” Thirdly, Baroness Cox highlighted how some Sharia councils falsely refer to themselves as “courts” with apparent legal authority.

Baroness Caroline Cox

Alarmingly, it is estimated that more than 60% of Muslim women are in marriages sealed by a Nikah ceremony but unregistered under UK law, making these women vulnerable and highly dependent on Sharia councils, perhaps as a means of legitimizing polygamous marriage. The 2018 case Akhtar v. Khan involved a divorce dispute in which the wife sought recognition of the marriage sealed by a Nikah ceremony to claim financial remedies. The EWHC initially found the marriage void, entitling the wife to some rights. It should be noted, however, that council decisions that conflict with statutory rights may be overruled by UK courts.

Even given protections offered by UK courts, some have called for reforms to protect Muslim women from victimization. For example, Baroness Cox suggested that, given women appear most affected, resources should be created to inform Muslim women about their legal rights under UK law and to highlight alternatives to Sharia councils.

The Arbitration and Mediation Services (Equality) Bill

For eight consecutive years, Baroness Cox has submitted a Private Member’s Bill, called the Arbitration and Mediation Services (Equality) Bill, with the aim of achieving three outcomes:

1. to strengthen the duties of public bodies to ensure that women are made aware of their legal rights;
2. to strengthen the powers of the police and judiciary to protect victims of abuse; and
3. to prevent the operation of a parallel legal system by outlawing any person, such as a Sharia “judge,” falsely claiming legal jurisdiction.

Currently approximately 30 Sharia councils operate across the UK, and an often inflammatory public debate about their future continues, with opinions ranging from closing all Sharia councils to working toward their reform.

Key Concerns Summarized

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