Written evidence submitted by Dr Samia Bano, School of Law, SOAS (School of Oriental and African Studies), University of London

Summary

Religious bodies identified as sharia councils can act as unofficial bodies in matters of Muslim family law.  This raises important questions over the delivery of justice in English law for vulnerable users of these bodies and the potential dangers of developing family law policies a cross-cultural setting that can potentially entrench oppressive cultural and religious norms operating within minority communities. It also raises wider questions over the role of religious faith in the public spheres and forms of religious behaviours that may violate the principles of liberal democracies (namely justice, tolerance, human rights and freedom of choice). Perhaps unsurprisingly the role of Islam, multiculturalism and what it means to be a Muslim living in the west also underpin much of these wider discussions.

This submission is based upon my extensive research and expertise working as a legal academic in the field of Muslim women, Sharia Councils and English Family Law. I have published widely in this field[1] and this particular submission outlines some key findings from my project entitled, An exploratory study of Shariah councils in England with respect to family law funded by the Ministry of Justice (University of Reading, December 2012). My insights as a family law scholar in this field demonstrates a complex area of law and social policy that at once is grappling with issues of diversity and cultural and religious differences, the emergence of a new kind of faith based approach to family law matters and questions of gender equality, justice and human rights.

This project mapped the number of Shariah councils operating in England with three key objectives. Firstly, to identify as accurately as possible the number and location of Shariah councils in England. Secondly, to describe the administrative structure, funding and membership of Shariah councils in England and finally to describe the range and quantity of family related work carried out by Shariah councils.

The project method included:

• A telephone survey of thirty councils was undertaken.
• Respondents included religious scholars and other key individuals within the organisations.
• Respondents from 22 of the 30 councils took part. No contact was achieved with 5 councils and 3 refused to take part.
• There were no major differences between participating and non-participating councils in terms of size of council and affiliation to a mosque.
• Interviews were based on a semi-structured questionnaire exploring the structure, administration and funding of councils, council membership, and processes employed.
• The organisations surveyed sought to avoid conflict with the state and did not appear to have any desire to replace civil law mechanisms. Fears that councils are forming a parallel legal system appear to be unfounded.

1. What is a Shariah Council?

There is no single authoritative definition of the term ‘Shariah council’. Therefore, care should be taken when using this term. In the UK, the main function of organisations to which this term could be applied is the provision of advice and help to Muslim women seeking a religious divorce. These bodies also provide advice in matters of law including issues of inheritance, probate and wills, Islamic commercial law contracts and issuing fatwas (see Shah Kazemi 2000, Bano 2012).

• The majority of organizations to which this term can be applied appear to have a primary role of helping Muslim women to obtain a religious divorce. This work appears to form part of the various services that have developed within Muslim communities to meet local needs.

• Most of the organisations which undertake this work are closely linked to mosques. Panels of individuals examine cases and work with the different parties before deciding whether to issue a Muslim divorce certificate. These panels may or may not identify themselves as Shariah councils.
• The panels vary in size and in the approach taken. Ethnic diversity and a variety of different Muslim schools of thought lead to different interpretations of Sharia family law.
• Councils are generally run on a volunteer basis, are short staffed and very busy. This led to practical difficulties in speaking with respondents. There was also reluctance to discuss the private work of the councils and concerns that the research might contribute to surveillance of Muslim communities. Respondents were also wary of the stereotypical ways in which their organisations were represented in the media.

2. Muslim law

Muslim law, or ‘the Shariah’, provides an overarching framework of values and rules relating to all aspects of life for Muslims. Subjects covered range from religious observance to the norms of family life. Within the application of the Shariah, there is great diversity depending on ethnicity, sect and school of thought.

• Muslim law derives from two principal sources, the Qu’ran and the Sunna. The Qu’ran is believed by Muslims to be the word of God, as revealed to the Prophet Muhammad. The Sunna is a body of work, formed out of traditional stories transmitted from the Prophet Muhammad, called Hadiths. The Hadiths provide guidance to Muslims on the words and deeds of the Prophet. For Muslim scholars the Hadiths set out in the Sunna provide a guide to understanding the Qu’ran, from which are derived the principles of Islamic jurisprudence.
• Muslim law includes extensive guidance on family issues, including marriage, divorce, maintenance, custody of children and succession (Pearl and Menski 1998, Ali 2000, An-Na’im 2002). Muslim family law is subject to different interpretations by different religious leaders, individuals and communities. A great diversity of Islamic legal thought and practice has evolved over time in different Muslim countries. The practice of Shariah is not fixed, but is dynamic and evolving.
• There is some evidence to suggest that in some Muslim communities, family law may be practiced at a local level. For example, studies by Shah Kazemi (2001) and Bano (2007, 2008, 2012) indicate that Muslim marriage and divorce can take place within the private spheres of family, home and local community, sometimes without registration in English law. Such religious and cultural practices may be very different to the practice of marriage according to the principles of English law. Writers such as Menski (in Pearl and Menski 1998) and Shah (2005) have explored possible conflicts between such practices and state law.

3. Muslim marriage and divorce

Under Muslim law, marriage is based on a contract, the nikah, which can be likened in some ways to a pre-nuptial agreement. The nikah outlines the rights, duties and responsibilities of the parties (Menski and Pearl 1998). It includes a sum of money called the mahr (dower) agreed between the parties and given to the bride by the groom. The essential elements of the formal marriage ceremony are an offer of marriage by the husband and its acceptance by the wife, in the presence of two witnesses.

• There are several types of Muslim divorce and a great diversity of approaches to these amongst the different schools of Islamic thought. Muslim men have the right to unilaterally terminate their marriage. Such a divorce is known as talaq. Divorce may also be granted by mutual consent, where parties have included a term in their nikah (marriage contract) that permits the wife to divorce if she wishes.
• A further type of divorce, the khul divorce, can be instigated by a wife with her husband’s agreement, on the condition that she forgoes her right to the mahr (excluding instances of neglect and abuse).
• Faskh permits the marriage to be annulled if the wife can prove her husband as acted unreasonably.
• Each type of divorce above requires the intervention of a religious scholar and must fulfill certain criteria (e.g. the husband deserting the wife). Further research is needed to establish precisely how Shariah councils justify their issuing of divorces under these various categories.

4. Marriage and divorce in the UK

For a UK marriage to be recognized under English law, a number of requirements must be met. These include the ceremony taking place in a registered building and being performed by a registered individual. While most Anglican marriages meet these requirements, this is not the case for many religious minority weddings. As a result many couples who are members of ethnic minority communities have both a civil marriage and their traditionally recognized wedding.

• For many Muslims, and those from other religious minorities, their religious marriage is important to them as it confers social and religious recognition of their relationship. Appropriate dissolution of the religious marriage, should it fail, may be central to an individual’s self identity and position in the community. This may be the case regardless of whether they have obtained a civil divorce under English law.
• Those who obtain a civil divorce but not a religious divorce may find it difficult to remarry. This position is sometimes referred to as a ‘limping marriage’, and it is found in several traditions where religious law sanctions both marriage and divorce. For example, Orthodox Jewish women may be unable to remarry in a religious ceremony without first obtaining a religious divorce from their husband. This problem was partially addressed by the Divorce (Religious Marriages) Act 2002.
• In addition, it is thought that some Muslim women, for a multitude of reasons, may contract a religious marriage but not undertake a civil marriage registration (see Shah Kazemi 2001, Bano 2007, Bano 2012). While such women may consider themselves fully married, their position under English law is similar to that of cohabitees, because their relationship does not have the status of a legally recognised marriage. This may leave them vulnerable should their relationship end.

5. Project Findings

Council characteristics

• All the councils expressed the desire to support Muslims with family problems who sought to resolve conflict within an Islamic framework. Of the 22 councils that took part, only 3 operated outside the auspices of a mosque. The councils generally formed part of a wider range of community services, rather than being distinct and separate bodies.
• Administration of the councils was generally overseen by a panel of religious scholars and volunteers. This tended to be closely affiliated to a mosque committee. Councils varied in size, structure and the type of advice given. All respondents cited ‘user demand’ as the reason for their council’s existence. However, constraints on resources (including people, space and funds) limited the services that could be offered.

Panel members

• Shariah council panels included religious scholars. These individuals were all male and aged 35-80 years old. The involvement of women at some shariah councils included providing counseling for Muslim women but these women did not form part of the panels that are permitted to issue divorce certificates. Scholars also acted as fully trained Imams and had received formal Islamic jurisprudential training in India, Pakistan, Egypt, Saudi Arabia and Yemen. Other panel members included individuals from the local community, such as GPs and Islamic school teachers.

Process and cases

• The organisations in this study dealt primarily with Muslim divorce.
As documented by Shah-Kazemi (2000) and Bano (2007, 2012) Shariah Councils have been set up specifically to issue Muslim women with Muslim divorce certificates on occasions where Muslim husbands may fail to issue Muslim women with the unilateral Muslim divorce, talaq. The intervention of religious scholars at Shariah Councils allows Muslim women to remarry and to prevent a limping marriage scenario (see Pearl and Menski 1998) whereby they may be divorced via civil law but remain married according to Islamic Law.

• Fifteen councils followed some type of formal process prior to issuing a divorce certificate. In these councils two or three primary advisors dealt with each applicant on a personal basis. They met with the applicant, her husband, and usually with other people from the families of both parties. Several meetings were undertaken to obtain information, and to attempt reconciliation and mediation. Counselling and mediation services were specifically mentioned by 10 respondents.
• Meetings of the larger panel of between 12 and 15 people took place around once a month, to discuss cases and collectively decide whether a divorce certificate would be issued. All the councils required the parties who had a English civil law marriage to have completed a civil divorce prior to obtaining a Muslim divorce. Respondents reported councils seeing between 80 and 200 cases a year. Approximately half of the respondents reported seeing a rise in demand for their council’s work. Offering these services generated a large workload for those involved. However the work was described as part of an Islamic ‘duty’ to help Muslims resolve their disputes within an Islamic spirit of community, based on Islamic values.
• The panels varied in size and in the approach taken. Ethnic diversity and a variety of different Muslim schools of thought lead to different interpretations of Sharia family law.

6. Relationship to civil law and reluctance for state intervention

• The councils in this study sought to avoid conflict with civil law. Respondents defined their role as that of a community framework for resolving matrimonial disputes within Muslim communities. There were no community mechanisms or sanctions in place to enforce the terms of divorce. This was left to the goodwill of the parties concerned. Most respondents did not seek any replacement of state civil law systems with Islamic law.
• The majority of respondents also stated that they would be reluctant to see state intervention to facilitate or fund their work. They felt that this would result in a loss of trust and credibility within the Muslim communities.

7. Shariah councils as part of Muslim community services

• Shariah councils in Britain appear to have arisen to meet the particular needs of Muslim communities in this country. There is no common definition of what constitutes a Shariah council, making discussion and research into their attributes necessarily tentative.
• A very general description would be that of Muslim organisations that offer advice and help to Muslims in resolving problems involving the application of Shariah, and in particular to, women seeking a religious divorce. Not all organisations which offer these services define themselves as Shariah councils.
• Shariah councils seek to resolve disputes according to the principles of Muslim family law. Underpinning this approach is the ideal of dispute resolution - an attempt to reconcile and mediate between the parties.
• Shariah councils are part of the community structures, such as mosques, that have emerged to facilitate Muslim settlement in Britain (see Anwar 2002). There are thought to be around 2,000 mosques and Islamic centers in the UK. These are spread out geographically and ethnically, as well as according to the different Islamic schools of thought. They operate both at a local and national level to meet the spiritual, practical, educational and social needs of the community. In this way they function both to encourage the positive integration of Muslims into British society and to foster close links amongst local Muslim communities.
• Mosques are normally managed by a local independent mosque committee that takes responsibility for appointment of the Imam and other paid and volunteer staff. The title ‘Imam’ is applied to individuals who lead prayer in the mosque, to scholars of Muslim jurisprudence, and to appointed prayer leaders in mosques (MCB 2006).
• Mosque committees themselves are volunteers who donate their time out of a sense of civic responsibility (BMG, 2009). A number of umbrella organisations such as the Muslim Council of Britain and the Muslim Association of Britain claim to represent British Muslims in national and international fora.
• This relates to the question identified in this study namely of what constitutes as a Shariah Council. We are aware that some bodies specifically identify as a ‘Shariah Council’ but others may offer to issue religious divorces but do not identify as a Shariah Council but offer such services as part of wider pastoral and religious services and instruction based in community local mosques
• In this report the terms ‘religious scholar’ and ‘religious leader’ refer to appointed persons in Shariah councils (who may be Imams) who offer advice and assistance.
• The variety of community organisations offering religious support to Muslims and the lack of clear networks and structures has made research in this area difficult. Empirical research has generally been limited to small, in-depth studies. Research by Shah-Kazemi (2001) and Bano (2007) has provided a window on the workings of a small numbers of councils. Their reports include the experiences of users and give context to this research. In addition to difficulties in identifying councils, engaging respondents to discuss a potentially sensitive subject is a great challenge for this type of work.

8. Results


Councils as part of other community services

As noted above, there is neither a shared nor an authoritative definition of the term ‘Shariah council’. The criteria used to identify councils in this research led to the inclusion of organisations that specifically dealt with issues concerning matrimonial breakdown.

• Each organisation had the capacity to issue Muslim divorce certificates to Muslim women. They all expressed the desire to support Muslims experiencing family problems who were seeking to resolve conflicts within an Islamic framework of dispute resolution. This appears to be the common aim of Shariah councils, whatever their actual structure may be. Some councils also issued scholarly opinions (fatwas) on a wide range of issues and performed the conversion of new members to the Islamic faith.
• Thirty councils were identified that dealt with family law issues. Of the 22 councils surveyed, only 3 councils operated outside the auspices of a mosque and had little connection to a mosque committee. Only 1 council pointed out its independence and autonomy from the mosque committee. In the Midlands, 9 of the 10 councils in the sample operated as part of the local mosques in which the councils were based. In the sample of six councils in the North, only one cited no relationship to a larger mosque and/or community organisation. In London, out of six councils, again only one council cited no direct connection or relationship to a mosque.
• There was little interaction between councils. Only 5 councils reported that they found it useful to approach other councils for advice and/or assistance.
• No regional differences between the councils were found. However it was noticeable that in each region one Shariah council had been established for over 30 years. In each region this council identified itself most strongly as a Shariah council with clear procedures and guidance for users.
• Eleven councils described themselves as following the Sunni tradition, while two councils were identified as Shia. The remaining seven did not overtly identify with either sect. The services are generally open to all Muslims irrespective of ethnic, class and caste backgrounds. The project found that, in practice, none of the councils turned away a Muslim who was in need and sought to accommodate his or her needs.
• The two main traditions among Muslims – the Sunni and the Shia – are represented in Britain. The practice of Islam within these groups varies in accordance with the different Shariah schools of thought.
• Sixteen councils dealt with clients from outside the town or city in which the council was based. However, they made up only a small number of cases, with the majority of clients coming from the local Muslim communities.
• English was the primary language used when resolving disputes. This was to ensure that all clients were adequately represented. On occasions where there was a need to provide additional translation services. For example, if clients spoke only Arabic, the councils reported the use of mosque volunteers. In this sense the mosque and mosque committee acted as a resource.

The Shariah councils surveyed here can therefore be viewed simply as part of the wider set of services offered by mosques, specifically offering advice on Muslim family issues to local Muslim communities. This finding is significant because it challenges the idea that Shariah councils operate as distinct and unofficial legal bodies that seek to introduce Islamic law into English law. Instead the data points to a picture of a wide range of family services available within local Muslim communities.

Council size and administration

The councils varied according to size, structure and the type of advice given. Their size depended on a number of factors such as the number of religious scholars available, the council’s affiliation, the size of the related mosque, the availability of space to set up the service, and the number of divorce applicants. All councils reported ‘user demand’ as key and the primary reason for their existence. However, services were limited due to the availability and expertise of religious scholars, donations and volunteers.

Types of advice given

The councils all offered reconciliation and mediation services, although further details of what this entailed were not explored. The advice given to applicants was reported to be based upon ‘Islamic interpretations’ of family and marriage rules and guidance based on the two key sources in Islam, the Qu’ran and the Sunna.

• Due to the preliminary nature of this work, issues such as ancillary relief, contact and custody of children, sale of homes and domestic violence concerns were outside the scope of this research. Therefore it is not possible to report on whether or not these are discussed by the councils.
• Ten councils explicitly referred to offering some type of counselling and mediation services prior to the issue of a divorce certificate.
• More general matrimonial advice can also be given at local mosques by an Imam (religious scholar). Advice can also be given by Muslim counsellors based in local cultural or religious organisations although they do not issue Muslim divorce certificates.
• Each council relies on community and family networks to advertise services, often by word of mouth. Respondents reported that all services were funded by charitable donations, often via local mosque donations or funding appeals to the local Muslim communities.

Council panel members

The administration of the council was generally overseen by a council panel comprised of religious scholars and volunteers. In this project 20 councils reported that they used a council panel, which was closely affiliated to the mosque committee and which facilitated the process of resolving disputes. Of this group of councils 15 reported that the council panel was headed by a ‘chairman’ who after discussions with other panel members had the final say as to whether a divorce certificate would be issued to the applicant or not.

• The respondents in this study identified themselves using terms such as Imam, Qadi, Mufti, Sheikh and Maulvi. It is recognised that these terms have all be translated into the term ‘religious scholar’
• All the scholars were male and aged between 35-80 years old.
• The data found no evidence of Muslim women acting as religious scholars but found evidence that Muslim women can form part of the counselling and mediation services offered by some Shariah Councils (see Bano 2007, 2012).
• Council panels could also include individuals from within Muslim communities, including professionals such as GPs and Islamic school teachers. Panel members were closely involved in the local mosque and chosen to represent the diversity of experiences within Muslim communities. Only four councils reported the involvement of women and in each case this was to facilitate and manage the process but did not involve giving advice.
• Little variation was found regarding the types of religious training the religious scholars had received prior to taking on their roles as advisors in the councils. The councils reported that all the scholars also act as fully trained Imams. They had received formal Islamic jurisprudential training in India, Pakistan, Egypt, Saudi Arabia or Yemen. The nature of this training was not explored. Although belonging to different schools of thought, the scholars emphasised that advice and guidance based on all schools of Islamic jurisprudence was available.
• The councils were set up within mosque premises occupying a room in the mosque with weekly drop-in sessions for clients and panel meetings taking place on average once a month. All the respondents considered Shariah council work as a part of the more general services offered by mosques. Eight councils permitted scholars to take home files but all final decisions as to whether a divorce certificate could be issued were taken by the council panel rather than an individual scholar. In 15 councils it was reported that religious scholars spent an average of 10- 15 hours per week on dealing with divorce applications.
• There was general agreement that offering such services generated a considerable workload for all those involved. However the work was described as part of an Islamic ‘duty’ to help all Muslims resolve disputes within an Islamic spirit of community and in an environment based on Islamic rather than secular values.

9. Processes

A key aim of this research was to explore how the process of resolving disputes actually occurs and how Muslim divorce certificates are issued.

The data revealed two broad ways in which the councils administer the issuing of Muslim divorce certificates. These have been categorised as the formal and informal process.

Formal process

The project found that 15 councils adopted some kind of a formal process prior to a divorce certificate being issued. In each of these councils there were 2 or 3 primary advisors and a council panel comprising of between 5-12 religious scholars who met on a monthly basis to discuss cases and issue divorce certificates. The two religious scholars (the primary advisors) dealt with each applicant on a personal basis, meeting regularly with the applicant, her husband and usually both sides of the family. This is done in order to ensure that the facts of the case are collated from the applicants and their families. All 22 councils required the parties who had a English civil law marriage to have completed a civil divorce prior to obtaining a Muslim divorce. Three meetings typically took place before the Muslim divorce certificate was issued or withheld.

The data revealed that when an administrative process was in place there was very little variation in this process between the councils. This process was described as follows:

􏰀 Applicant makes contact with the Shariah council to obtain a Muslim divorce certificate.                           

􏰀  A meeting takes place between the applicant and the religious scholar.

        􏰀  The applicant is asked to fill in an application form citing the grounds for divorce and 
pays an administrative fee.

        􏰀  A divorce notice is sent to the husband asking for his version of events

        􏰀  If there is no response from the husband a further notice is sent out.

        􏰀  Once contact has been made with all parties a meeting is arranged to consider 
reconciliation. The research did not explore what process was followed if contact was 
not made with the husband and his family.

        􏰀  If reconciliation fails then a process of mediation begins.

        􏰀  The religious scholar considers what type of divorce certificate can be issued.

        􏰀  Once all meetings are completed and evidence has been collected, a copy of the file is 
passed to all members of the council panel.

        􏰀  A date is set for a meeting of the panel to discuss all cases, where all panel members 
make a collective decision as to whether a divorce certificate can be issued.

        􏰀  If so, a divorce certificate is sent to the applicant or she is asked to collect it. 


        The informal/no process 


This study also found that a small of number of councils follow no council administered procedure. No details were obtained as to how they operated in the absence of this. 
Enforceability of divorce certificates 
The issue of enforceability of Muslim divorce certificates in English law was not addressed. However councils described how they actively sought to avoid any conflict with civil law or procedure in matters of family law and the respondents stated that certificates were issued for the personal use of applicants and not viewed as legal documents to be recognised under English law. The scholars did report that there were no community mechanisms or sanctions in place to enforce the terms of the divorce and this was left to the goodwill of the parties concerned. 


        10. Cases

        
The project found that Shariah councils appear to deal primarily with Mus

with Muslim divorce, each reporting of between 80 and 200 cases each year. These figures vary according to the size of the council, its location, expertise and the number of

        volunteers. However, as to the precise nature of these cases was not explored. For

        example, we do not know whether the figures included general enquiries, or only case

        of Muslim women seeking to obtain a Muslim divorce certificate.

• Case files were kept on the premises (most often the local mosque) and filed according to the applicants name and/or a file reference number. All materials are deemed confidential but the interviews did not explore the process as to how materials are gathered and filed.
• When asked if there had been a growth in demand for their work, approximately half the councils reported a rise. The other councils reported little if any rise and explained variations in the numbers of divorce applications as the result of increased knowledge within Muslim communities about the existence of Shariah councils.

11. Contact with solicitors and state bodies

Of the sample, 12 Shariah councils reported contact with local solicitors. Contact was made for two reasons. First, if civil registration of the marriage had taken place then confirmation of a civil divorce according to English law was required (as noted above, this was a condition for the issue of a Muslim divorce). Second, where the immigration status of the applicant was uncertain (although no further details were obtained). In general each council reported a willingness to work with solicitors or government agencies should the need arise. This was expressed mainly in terms of support in gathering information.

• The councils in this study sought to avoid any conflict with civil law, and indeed required civil divorces where applicable. Councils defined their primary role as community frameworks for resolving matrimonial disputes within Muslim communities. It is interesting to note that, contrary to some media reports, the councils in this study did not seek the replacement of the state’s civil law system with Islamic law in matters of marriage and divorce for British Muslims.

12. Views on state intervention

Nineteen of the councils in this study reported that they would be reluctant to see state intervention to facilitate or fund Shariah council services. The two councils that did seek a closer working relationship with government did so on the basis of opening up a dialogue. This, it was hoped, would result in a formal recognition of the councils, although how and why this should take place was not explored.

• In the majority of interviews, scholars indicated that they felt state intervention would result in a loss of trust and credibility within the Muslim communities. The influence of government would mean that such services would no longer be regarded as ‘Islamic’. Five respondents reported a concern about the rise of government surveillance on Muslim communities following the 7/7 terrorist attacks and urged caution in allowing secular bodies to scrutinise the work of religious organisations. As previously discussed, the data also revealed some concern over the public representation of Shariah councils in the media.

13. Conclusion

This submission based on my project provides information about the nature and scope of Shariah councils in England that deal with family issues. Its focus was on organisations that are involved in helping Muslim women obtain a religious divorce and is able to tell us little about the other work they undertake. The main conclusions are:

• Thirty councils were identified that worked in this area and issued divorce certificates. The study covered a range of organisations but provides fuller coverage of the larger organisations. It suggests a relatively small number of key councils. The project found much diversity in the size of the councils, the number of religious scholars providing advice and assistance, and in the composition of council members.
• Most councils were embedded within Muslim communities, forming part of a mosques and community centres. They appear to have evolved according the needs of the communities in which they are located.
• A similar process was followed across the councils studied, which involved applicants applying for a divorce, attempts at reconciliation, review of cases by the panel and decisions as to whether to issue a divorce certificate. These certificates were for personal use of the applicant and not enforceable. This highlights the individual nature of people’s decision to go to a council.

Finally, the project found that Shariah councils did not seek formal recognition as alternative mechanisms of dispute resolution, and did not seek to replace civil law in matters of family law. Indeed, applicants were requested to have obtained a divorce from the English courts if they had a civil marriage before a religious divorce could be issued. These organisations sought to remain part of Muslim communities, providing practical and spiritual guidance in matters of Muslim family law. They sought to complement the existing legal system rather than replace civil law in matters of marriage and divorce.