Gavin Howe
Sharia law is not part of the formal legal system in the UK. However, the UK is home to a growing number of Sharia councils, which are religious bodies that issue rulings on marriage, divorce, and inheritance. There are currently 85 Sharia councils in the UK, which has led some to refer to Britain as the western capital of Sharia law. Critics argue that these councils, which are almost always composed of male Islamic scholars, undermine the principle of one law for all and negatively impact the rights of women and children. However, supporters argue that they offer Muslim women a way out of religious marriages. While the UK government has been accused of negligence for failing to regulate these councils, others argue that doing so would legitimize them as alternatives to British law.
| Characteristics | Values |
|---|---|
| Number of Sharia councils in the UK | 85 |
| Year the first Sharia council was established in the UK | 1982 |
| Number of Islamic marriages conducted in the UK | 100,000 |
| Number of female Sharia council judges in the UK | 1 |
| Number of countries with mixed legal systems that incorporate Sharia law | A small minority of modern countries |
| Status of Sharia law in the UK | Not part of the formal legal system |
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What You'll Learn
Sharia councils in the UK
The UK is not under Sharia law. However, there are 85 Sharia councils operating across the country, which have become increasingly influential. These councils are informal bodies that issue religious rulings on marriage and divorce. They have no legal authority in the UK and cannot enforce any penalties, but thousands of Muslims have turned to them to resolve family and financial issues.
The Islamic Sharia Council (ISC) is a British Deobandi organisation that provides legal rulings and advice to Muslims based on its interpretation of Islamic Sharia. It handles cases primarily related to marriage and divorce and, to a lesser extent, business and finance. While the ISC has no legal authority, many Muslims voluntarily accept its rulings.
Sharia councils have been criticised for allegedly supporting extremist values, condoning wife-beating, ignoring marital rape, and allowing forced marriages. They have also been accused of operating a "'parallel legal system'" that undermines the principle of one law for all and negatively impacts women's and children's rights. Critics argue that this parallel system can leave vulnerable people trapped in abusive situations. In contrast, supporters of the councils claim that they provide an essential service for Muslims who see Sharia as a sacred reference and that they may even reduce the burden on state-funded services if used voluntarily.
The Muslim Women's Network charity is taking the initiative to improve standards at Britain's Sharia councils. They plan to propose a code of conduct in 2025, aiming to guide women towards councils that adopt these new standards. The proposed standards will require councils to respect the Equality Act, maintain transparency in decision-making, and be clear about their costs and timeframes.
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Islamic marriages and civil law
The UK is not under Sharia law, but there are Sharia councils operating in the country. These councils are informal bodies that issue religious rulings on marriage and divorce. There are around 85 of these councils across the UK, and they have become increasingly influential, attracting Muslims from Europe and North America.
Islamic marriages in the UK are not legally recognised unless they are also registered civil marriages. Many Muslims in the UK have an Islamic religious marriage ceremony, called a Nikah, in an unregistered building and do not have an additional civil ceremony. This means that their marriage is not legally valid, and they are regarded as cohabitants under the law.
If a couple has an Islamic marriage ceremony in an unregistered building in the UK, they must obtain a declaration of marriage to be treated as legally married under English law. This process is expensive and time-consuming, and there is no guarantee of success.
There have been calls for the law to be changed to require the civil registration of all marriages, including Islamic marriages. In 2018, the Government published a green paper welcoming a review that raised concerns about the lack of legal protections available following an unregistered marriage. The Muslim Women's Network charity is also taking action to improve standards at Britain's Sharia councils, planning to propose a code of conduct in 2025 to ensure that organisations respect the Equality Act and maintain transparency.
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Concerns about a parallel legal system
Sharia, or Islamic law, is often associated with extremism and inflexible ancient rulings that appear outdated in modern times. In the UK, the increasing prevalence of Sharia law practices in certain communities and the political influence of Muslim groups have raised concerns about the emergence of a parallel legal system. This perception is fuelled by the existence of Sharia councils, which provide religious rulings on marriage, divorce, inheritance, and religious practice. These councils are voluntary and faith-based, operating within a legal grey area under the 1996 Arbitration Act, which allows religious institutions to settle disputes according to their beliefs.
The growth of these councils has sparked debates about cultural and religious practices in Muslim communities. Critics argue that the councils discriminate against women, ignore women's rights under Islamic and civil law, and promote practices such as polygamy and unequal inheritance rights, which are illegal under UK law. The lack of regulation and transparency within these councils has also been a cause for concern. While some view them as a threat to British values of equality and fairness, others defend their existence, arguing that they provide a means for Muslims to resolve personal matters within their cultural context.
The UK government maintains that Sharia law is not recognised in the UK legal system. However, the existence and influence of these councils have led to fears that the UK is inadvertently allowing a parallel legal system to take root. This concern is shared by organisations like the National Secular Society, which warns that these councils undermine the principle of one law for all and negatively impact women's and children's rights. Previous attempts at regulation have faced resistance due to fears of legitimising the councils as alternatives to British law.
The Muslim Women's Network charity has taken the initiative to improve standards at Britain's Sharia councils. They plan to propose a code of conduct in 2025, based on research by Associate Professor Rajnaara Akhtar, which will require councils to respect the Equality Act, maintain transparency, and be clear about their costs and timeframes. While the existence of Sharia councils in the UK continues to be a contentious issue, the proposed code of conduct aims to address some of the concerns about the potential for discrimination and lack of transparency within these councils.
It is important to distinguish between a legal system and a value system. While Sharia may provide ethical guidance and a code of conduct for Muslims, it does not supersede the nation's laws. Muslims living in the UK are subject to a binding contract with the government, whereby they promise to abide by public laws in exchange for safety. This contract cannot be violated, and Sharia councils do not have the legal authority to override or replace the authority of UK law.
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Sharia law and women's rights
The UK is not under Sharia law. However, there are 85 Sharia councils operating across the country, which have been described as "parallel legal systems". These councils are religious bodies that issue rulings on marriage and divorce. They are not part of UK law but are increasingly influential, drawing Muslims from across Europe and North America.
Sharia law is often criticised for being regressive and oppressive towards women. For example, in some Muslim-majority countries, theft has been punished with amputation, and sex outside of marriage with stoning. Women have also been forced to stay in abusive marriages and have been flogged for wearing trousers. In the UK, women's rights groups have accused Sharia councils of ignoring women's rights under Islamic and civil law. For instance, a woman who was being repeatedly raped by her husband was told to be "patient" by a mediator from a Sharia council.
However, others argue that Sharia law has granted women legal empowerment. In the seventh century, when Sharia law was used in court, it reportedly advanced women's rights, levelling the legal playing field between the two genders. Under Sharia law, women were viewed as individuals with human rights rather than possessions of men, and were granted the ability to work, receive an education, and own property. In addition, the division of viz created monetary security for women, and the setup of mahr protected a woman's finances before marriage. Furthermore, in some countries, women are using Sharia to push for gender equality. For example, in Egypt, women have invoked Sharia to expand access to divorce, and in Malaysia, groups like Sisters in Islam and Musawah have been publicly putting forward feminist interpretations of Quranic verses to teach women about gender equality and inheritance rights.
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The future of Sharia law in the UK
The UK is not under Sharia law, but there are 85 Sharia councils operating across the country, which have led to concerns about a "'parallel legal system' existing in the UK. Sharia law is not part of the formal legal system in the UK, but the increasing use of Sharia councils has sparked debates about the place of religious laws in a secular society. These councils primarily handle family issues such as marriage, divorce, and inheritance, but critics argue that their rulings often clash with the principles of equality and human rights enshrined in UK law.
Sharia councils have been described as patriarchal and regressive by critics, who want them shut down. Women are reportedly being pressured to return to abusive husbands, and Sharia councils have been known to interfere with child custody and financial matters. There have also been reports of women being told to endure marital rape and polygamy. Muslim women's groups argue that Sharia councils ignore women's rights under Islamic and civil law.
Supporters of Sharia councils say that they offer Muslim women a way out of religious marriages. However, critics argue that this parallel legal system can leave vulnerable people trapped in abusive situations. Sharia councils have become increasingly influential, drawing Muslims from across Europe and North America who seek religious rulings on marriage and family matters.
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Frequently asked questions
No, the UK is not under Sharia law. Sharia law is not part of the formal legal system in the UK.
Sharia law plays a role in the UK through Sharia councils, which are informal bodies issuing religious rulings on marriage, divorce, and inheritance.
There are 85 Sharia councils operating across the UK, with the first established in 1982.
Sharia councils are not part of the UK legal system. They operate in a legal grey area, as the Arbitration Act of 1996 allows religious institutions to settle disputes according to their beliefs.
Yes, there are concerns about the lack of regulation and transparency of Sharia councils. Critics argue that their rulings often clash with the principles of equality and human rights enshrined in UK law, particularly regarding women's rights and child protection.
