Written evidence submitted by the UK Board of Sharia Councils
My name is Mizan Abdulrouf, I am the Vice Chairman of the UK Board of Sharia Councils. The Chairman of the UK Board of Sharia Councils is Dr Ahmad Dubayan. Whilst my position is as the VC, in effect my role is of an administrator, helping and assisting the UK Board and its trustees.
The UK Board of Sharia Councils is a registered Charity. The Board came into being at the request of various Sharia Councils from across England and Wales. Meetings took place at the Islamic Cultural Centre in Regent’s Park. The meetings were chaired by Dr Ahmad Dubayan, the Secretary General of the Islamic Cultural Centre, Regents Park. It was established with the agreement of leading Sharia Councils in England and Wales.
Each member of the Sharia Councils has nominated an individual from their own council to sit on the Board of the UK Board. The Board has (practising) members of the Bar of England and Wales and practising member of the Law Society (solicitors) as advisors to the Board.
It was established in recognition by the Sharia Councils of a need for a body which will look at the issues being raised at various Sharia Councils. These include a clear understanding that Sharia Councils do not operate outside the laws of England and Wales. The Board is providing an arena for debate, through which criticisms and questions from the media or users of Sharia Councils can be addressed and ways looked at to provide a better service and avoid misunderstanding.
The Board is also to be used as a forum for seminars and training. The Councils have raised the issue of awareness; it will be able to gather council members together with other professionals to offer training and discussion.
The aims and objectives for the Board is as follows:
The UK Board have issued the following FAQ:
What is Sharia?
Sharia or Sharia law is the way of life for Muslims. It is revealed in the Quran (the Muslim holy book).
What is an Islamic marriage?
An Islamic marriage is a religious marriage entered into voluntarily between a man and a woman. Under the Sharia it is an act of worship. Most Muslims in the UK who are married have a religious marriage, i.e. an Islamic marriage.
Is it possible for a couple have both an Islamic marriage and a civil marriage?
Yes. Indeed, this is recommended. An Islamic marriage is a purely a religious marriage. A civil marriage brings legal rights under the law of England and Wales.
How is an Islamic marriage ended?
Under the Sharia an Islamic marriage may be brought to an end in various ways. Some of these are available to men but not women. However, a Sharia Council may declare an Islamic marriage to be at an end at the request of a woman when the woman applies for a divorce.
What is a Sharia Council?
A Sharia Council is a body able to provide a panel of religious scholars. In turn the scholars are able to form an opinion in accordance with the Sharia on whether the marriage may be declared to be at an end. The panel may be able to offer mediation or conciliation services, if requested by the couple. A number of Sharia Councils are registered as charities and subject to the jurisdiction of the Charities Commission.
Is a Sharia Council a court?
Sometimes the word is used but it is not accurate. The only courts in England and Wales are the Courts of England and Wales. Sharia Councils are not “parallel courts”.
Where a Sharia Council declares an Islamic marriage as at an end, does that affect the rights of anyone under the law of England and Wales?
No. The only law of the land is the law of England and Wales. The Courts of England and Wales, alone, are able to bring a civil marriage to an end (where there is one), make a financial order or make orders concerning children. However, the Courts do not declare whether a religious marriage is at an end. The declaration of the Sharia Council is not legally binding, Muslims are free to choose to follow, or not to follow it voluntarily.
What principles and procedures do the Sharia Councils apply?
Although not making a legal decision, Sharia Councils seek to proceed in a fair and equitable manner.
Is reconciliation forced?
No. Before declaring that an Islamic marriage is at an end the scholars will enquire as to whether all forms of reconciliation have been considered or explored by the couple.
Is the evidence given by both men and women treated the same by the sharia council?
Yes, parties are treated equally and evidence is given equal weight.
Are the proceedings of a Sharia Council conducted in public?
No. The privacy and confidentiality of the couple are respected.
Are Sharia Councils regulated?
No. However, one of the objectives of the UK Board of Sharia Councils, itself a registered charity, is to provide information, encourage good standards and promote shared best practice
The following councils are members of the UK Board of Sharia Councils and Institutions are members:
Should the committee require further assistance, the UK Board will be happy to assist as much as possible.
Yours faithfully,
Mizan Abdulrouf
Vice Chair of the UK Board of Sharia Councils.