Book review: young British muslims: identity, culture, politics and the media

In Britain’s highly politicised social climate in the aftermath of the 7/7 London bombings, this book provides an in-depth understanding of British Muslim identity through migration history, family settlement, socio-economic status, religion and culture, and the wider societal environment. Russell Sandberg finds that Nahid Afrose Kabir‘s emphasis on the importance of biculturalism is an important contribution to that literature

Religious courts provide a useful service for those whose faith they represent but they are in no way replacing civil law in the area of marriage and divorce

Following the Archbishop of Canterbury’s lecture on Religious and Civil Law in 2008, the existence and status of religious courts has proved controversial in the UK. These concerns have come to the fore more recently as a result of the Arbitration and Mediation Services (Equality) Bill (HL Bill 72), introduced into the House of Lords by Baroness Cox, which seeks to regulate the operation of religious arbitration, prohibiting it from matters which lie within the jurisdiction of the criminal or family courts. However, Gillian Douglas and Russell Sandberg report here on their research at Cardiff University, which suggests that much of the debate to date, and the content of this Private Members Bill, are based on several misunderstandings

Clarifying the definition of religion under English Law: the need for a universal definition?

There is no universal definition of religion under English law. Instead, different definitions have been developed by courts and tribunals in relation to different religious rights. Although there have been moves towards the harmonisation of these different definitions, recent decisions have reversed this trend. This article explores for the first time how this has led to a confused and contradictory case law. It begins by surveying how religion has been defined in registration law, charity law, human rights law and discrimination law: the moves towards harmonisation and the counter-tendencies in the recent decisions. It places the recent decisions within their broader legal context and points out a number of contradictions and uncertainties. Arguing that a universal definition of religion under English law is now needed, it synthesises the case laws to identify the elements of a universal definition that already exist. The article examines how these can be refashioned in order to remove inconsistencies that exist in different areas of law. Drawing upon insights from the sociology of religion the article concludes by proposing a new definition

Scientology and the need for a clear definition of religion under English law

As the new Louis Theroux documentary on Scientology is released, Dr Russell Sandberg argues that both the definition of religion under English law and the legal status of the Church of Scientology is unclear and in need of reform

How do you solve a problem like Sharia? The real issues raised by the Sharia law debate

Two official enquires and one Private Members Bill are currently grappling with the ever-controversial topic of the operation of Sharia tribunals in England and Wales. Here Russell Sandberg argues that the focus on Sharia misses the point and that a wider reappraisal of family law matters is required

Unregistered religious marriages are neither valid or void

A comment on the decision in Her Majesty's Attorney General v Akhter & Anor [2020] EWCA Civ 122, in which the Court of Appeal confirmed that unregistered religious marriages are to be regarded as ‘non-qualifying ceremonies’ which are outside the scope of marriage legislation

Is the National Health Service a religion?

During the COVID-19 lockdown the initial British Government mantra of ‘Stay home. Protect the NHS. Save Lives’, the ritualistic weekly public clapping for the NHS and the overall tone of the media coverage led several commentators to raise the question of whether the NHS had become a religion. This question is legally significant. English law provides the right to manifest religion or belief under the Human Rights Act 1998 and the right not to be discriminated against on grounds of religion or belief in relation to employment and the provision of goods and services under the Equality Act 2010. This raises the point: during the lifting of lockdown when authorities require people to go back to their workplace or send their children to school, could individuals who refuse say they were legally entitled to decline on the basis that such a requirement breached their belief in protecting the NHS? This brief comment explores whether such an argument could be made