Tag: Kristina Benson

A recent occurrence in the recent Islamic legal history of England involves women’s use of Shar’ia law to protect their autonomy, marital security, and property rights. Beginning in September 2008, decisions made by Shari’a councils in Britain became legally binding due to a new application of the 1996 Arbitration Act. Much as Jewish Beth Din courts and Quaker courts, had been doing for over a century, over 84 Shar’ia councils could begin to act as “arbitration tribunals,” making legally binding decisions about issues pertaining to marriage, divorce, inheritance, and custody. Scholars and political observers alike immediately voiced concern that Muslim women would be treated unfairly in these councils, or, alternative, claimed that the continued use of these councils was further evidence of cultural separatism, or an unwillingness to assimilate (See McKinstry). However, Muslim women have actually managed to secure better outcomes from the Shar’ia councils than from English courts; it is thus possible to frame their continued use the Shar’ia councils a rational decision motivated by financial security, as opposed to a disinclination towards assimilation.  In order to understand why this is the case, it is necessary to compare salient aspects of English Family Law and Shar’ia law. Continue reading “England’s “Problem” with Shar’ia by Kristina Benson”