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1999 BYU Educ. & L.J. 119 (1999)
Equality before the Law: An Exploration of the Pursuit of Government Funding by Muslim Schools in Britain

handle is hein.journals/byuelj1999 and id is 247 raw text is: EQUALITY BEFORE THE LAW: AN EXPLORATION OF THE PURSUIT OF GOVERNMENT FUNDING BY MUSLIM SCHOOLS IN BRITAIN Marie Parker-Jenkins* I. PROLOGUE The politics of difference ... aims for an understanding of group difference . . . as entailing neither amorphous unity nor pure individuality.' Until 1998, private Muslim schools had tried unsuccessfully to obtain the public funding afforded other denominational schools in Britain. The recent decision about awarding govern- ment funding to two private Muslim schools in Great Britain has put the spotlight on the issue of using the public purse to support private institutions and has brought to an end the fifteen-year battle that Muslim communities have waged in order to receive equal treatment under education law.' This article provides an overview of this struggle, geographic and statistical background information, and social and legal issues emerging from the decision. For over a decade, it has been clear that Britain must either provide equality before the law for all religious schools that fulfill government criteria or dismantle existing legislation and embrace a common school for all. Britain cannot have it both ways. The problem is located in a social justice model whereby financial support is forthcoming for all qualifying religious schools. Consistent and equitable government policy is required * Professor Marie Parker-Jenkins is a professor at the School of Education and Social Science, University of Derby, Mickelover, Derby, United Kingdom. Because this article was originally presented as an address to the American Educational Research Association Conference held in San Diego, California in April 1998, it may not fully conform to traditional American legal writing conventions. 1. IRIS MARION YOUNG, JUSTICE AND THE POLITICS OF DIFFERENCE, 171 (1990). There are only two Muslim schools in receipt of public monies. One is the Islamia Primary School in Brent and the other is the Al-Furquan School in Birmingham. 2. Islamia School Centre v. Brent Education Authority, (1993). 119

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