British muslims and transformative processes of the Islamic legal traditions : negotiating law, culture and religion with specific reference to Islamic family law and faith based alternative dispute resolution

This cross disciplinary socio-legal research study provides a unique contribution to the study of British Muslims, faith based ADR mechanisms and the state. The existence of informal religio-centric dispute resolution forums exemplifies a form of legal pluralism in action. The study investigated the approach to Islamic family law and dispute resolution of a sample of 250 British Muslims aged 18-45, primarily Britishborn, university educated and practicing their faith or understanding their religious obligations. Empirical research was undertaken using both quantitative and qualitative research methods, and conclusions were drawn by assessing the findings using Grounded Theory methodology. Empirical research focussing on younger generations of British Muslims and the transformative processes of the Islamic legal traditions impacting on the application of religious laws are absent. The present study is unique in a number of regards, with a focus on the subject group’s interaction with, and perception of, dispute resolution forums available for resolving Islamic family law disputes. This thesis argues that British Muslims from within the socio-demographic profile of the subject group: 1) believe faith based ADR mechanisms such as Shariah Councils are necessary for providing expertise on Islamic family law issues, however in their present form they are imperfect; 2) believe Shariah Councils are more competent than national courts in dealing with Islamic law issues; 3) have plural approaches to negotiating law, culture and religion; and 4) believe there should not be a separate legal system for Muslims in Britain, as this is separatist and divergent from their identities as ‘British Muslims’ which is an evolving self-identification. Participants displayed numerous perceptions about the manner and form of interaction between British Muslims, faith based ADR mechanisms and the British legal system. Six categories are coined in the research findings exploring these opinions, the most popular being a ‘rights-based evaluation promoting Interlegality’ and ‘necessity for validation of religious beliefs’

Women's Experiences of Family Law and Family Justice Processes in Qatar - Findings of an Empirical Study

This paper will provide an overview of the findings of a DIFI funded study, titled An Empirical Study of Women's Marriage and Divorce Experiences in Qatar, in which 40 women participants were engaged in semi-structured interviews using grounded theory methodology. The key research questions were: (1) what are women's experiences of marriage and divorce in Qatar; (2) what the relevant legal processes involved in the formation and dissolution of the family were and how easy it was for women to access and use them; (3) how Qatar's family law regime constructs the rights and responsibilities of men and women in the family, and the positive and negative outcomes of this; and (4) how women's individual experiences are shaped by the law, institutional processes associated with family law, social expectations, cultural norms, religious discourses and other factors. The project sought to capture the experiences of both Qatari women and resident non-Qatari women. The paper will present a range of findings from the study including family justice processes and women's access to the courts; women's experiences of the enforcement of court decisions; the role of Wifaq in families and the impact and experiences of engaging with the services provided; and the visa insecurity faced by some residents due to family conflict. A detailed project report will be published by DIFI which will complement the presentation

Unregistered Muslim marriages in the UK : examining normative influences shaping choice of legal protection

Unregistered marriages are reportedly on the rise within Muslim communities in Europe. Such unions are the outcome of couples concluding a religious ceremony of marriage which does not adhere to the requisite legislative instruments that confer state recognition on an official marriage, with all the subsequent rights and responsibilities attached to and protected by the law. The focus of this chapter is on the seemingly autonomous decision made by a couple choosing to enter into an unregistered marriage; how such a family arrangement is constructed vis-à-vis the practices in wider society, namely cohabitation; and the implications of legal intervention for personal autonomy

When is a wedding not a marriage? Exploring non-legally binding ceremonies : final report

This report presents the findings from a Nuffield Foundation funded project on non-legally binding wedding ceremonies in England and Wales, exploring who conducts them and why, and who opts for them and why, and assesses the likely impact of current weddings law reform proposals

When is a wedding not a marriage? Exploring non-legally binding ceremonies : a briefing paper for the law commission

In 2020 the Law Commission published a consultation paper setting out provisional proposals for reform of the law governing weddings. In this briefing paper we draw on empirical research findings from a study funded by the Nuffield Foundation to analyse the potential impact of those proposals. Our study investigated why ceremonies are being conducted outside the legal framework, the nature of such ceremonies, and the beliefs, practices, and preferences of those involved. Using group and individual interviews and focus groups, it engaged 170 participants who had conducted or had had a non-legally binding wedding ceremony. These ceremonies took a range of different forms, reflecting the varying faiths, beliefs, and choices of participants. 67 of the 83 non-legally binding wedding ceremonies reported by interviewees were accompanied by a legal wedding, providing an insight into how the current processes work in practice. Participants regarded the current law as outdated and in need of reform to reflect changes in society including, though by no means limited to, religious and cultural diversity. Key issues here were the perceived lack of recognition of ‘non-Christian’ ceremonies, the nonrecognition of ceremonies conducted by Humanist and independent celebrants, and the limited options for interfaith weddings. Many also considered the legal processes for getting married to be complex and uncertain, with unexpected barriers

The impact of Covid 19 on legal weddings and non-legally binding ceremonies

This report presents findings concerning the impact of Covid-19 on legal weddings and non legally binding ceremonies. It draws on a large-scale online survey of couples who had been planning to marry in 2020 and a project, funded by the Nuffield Foundation, exploring non legally binding wedding ceremonies

Independent celebrant-led wedding ceremonies : translating, tweaking and innovating traditions

This article explores ceremonial design of independent celebrant-led wedding ceremonies in England and Wales. It draws on a qualitative study which involved focus groups with celebrants and interviews with individuals who have had an independent celebrant-led wedding ceremony. Six factors are described which influenced how couples translated and tweaked traditions or innovated ceremonial elements: faith, heritage, values, kin, informality, and temporality. In line with a bricolage process, it is suggested that the keeping of and minor adaption of traditions through the personalisation offered by independent celebrant-led wedding ceremonies may support inclusion of relationship practices such as interfaith couplings and blended families. Examples of kinship display-work and self-display-work were found throughout participant accounts of their wedding ceremonies. It is proposed that both may act as an important means by which the needs of individuals for whom a religious or belief framework is not prioritised over other contexts of identification can be met in a wedding ceremony. Further research is needed to explore the transferability of these findings to larger samples, as well as specific sub-populations

Trying to get a piece of paper from City Hall? The availability, accessibility, and administration of the register office wedding

In principle, it is possible for a couple to get married in a register office in England or Wales for £127 (including the cost of giving notice and a certificate). In this article, we draw on empirical research to show how limited this option is in practice. Its availability is constrained by the scarcity of register offices limited slots for weddings, and the addition of other fees not provided for in the regulations. Its accessibility is often not obvious from local authorities’ websites, and the administration of such a wedding varies hugely, with some local authorities treating it as a no-frills legal procedure, and others regarding it as a significant ceremony that is incomplete without music or a reflective introductory speech by the superintendent registrar – even if the couple wanted neither. With significant numbers of couples having a register office wedding because the marriage ceremony they choose to have to reflect their beliefs is not legally binding, there is a need to address these issues of availability, accessibility and administration so that couples are not put off or discriminated against. Further research is also needed to explore how these issues impact those with limited means

Plural approaches to faith-based dispute resolution by Britain’s Muslim communities

The file attached to this record is the author's final peer reviewed version.The role of Muslim faith-based dispute resolution forums in family matters continues to be fiercely contested in British legal and political debate. Questions concerning compatibly with state law in England and Wales led to a government instigated Independent Review into the Application of Sharia Law in England and Wales (2018). This Review concluded that there should be compelled registration of all Muslim religious marriages, an awareness campaign to enable Muslim couples to understand the legal outcomes of unofficial marriages better, and regulation of Sharia Councils. While these recommendations seek to overcome perceived disadvantages suffered by Muslim women, in reality there exist a plurality of views and approaches to marriage, families and faith-based dispute resolution within British Muslim communities, which continue to be overlooked. This paper draws on extensive empirical research engaging Muslims in Britain seeking to ascertain views and approaches to dispute resolution in family matters. It postulates a narrative of plurality, and concludes that the independent Review recommendation to regulate Sharia Councils is most responsive to the research findings and diverse Muslim family needs