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25 Child & Fam. L. Q. 113 (2013)
Authority and Authenticity: Sharia Councils, Muslim Women's Rights, and the English Courts

handle is hein.journals/chilflq25 and id is 119 raw text is: 113 Articles Authority and authenticity: Sharia councils, Muslim women's rights, and the English courts Shaheen Sardar Alf Keywords: Sharia councils - Siyai Fiqh al-Aqalliyat - Muslim women - multiculturalism This paper focuses on the role and rationale of Sharia Councils in Britain (in particular in the issuance of Islamic' divorce certificates to Muslim women), and considers questions of authority and authenticity in their operative frameworks from an Islamic jurisprudential perspective including Siyar and Fiqh-al-Aqalliyat. Focusing on British Sunni Muslims of Pakistani ethnicity the paper poses the question that since 'Islamic laws' are susceptible to interpretative plurality who determines what constitutes 'authentic' Islamic law in the absence of an identifiable 'authority', at least within the Sunni Islamic legal traditions? Is there a tangible socio-religious requirement for British Muslim communities to have a parallel quasi-legal system for dispute resolution? How do responses to these questions frame the assumed central role currently fulfilled by Sharia Councils, and what are the alternatives? In the context of Sharia Councils, this paper argues that whilst some will approach these institutions entirely of their own volition exercising agency autonomy and/or fulfillment of their religious obligations, their very existence and lack of 'Islamic' alternatives pressurises women to use such forums to obtain 'acceptance' from their families and communities. INTRODUCTION T his paper focuses on the role and rationale of Sharial Councils and considers questions of authority and authenticity in their operative frameworks from an Islamic jurisprudential perspective. These Councils have been established in Britain on the premise that they are manifestations of the Muslim diaspora's need for forums adjudicating on Islamic law, in particular Islamic family law. As stated by the institutions Professor of Law, University of Warwick. Earlier versions were presented at the CULCOM conference, March 2011, and at the HEA seminar 'Social scientists examine Islam and the lives of Muslims', May 2012. My thanks go to the participants for useful feedback, along with Professors Anne Helium, Eleanor Nesbitt, Rebecca Probert, Shirin Rai, Abdul Paliwala, Paul Raffield, Alan Norrie, Eric Heinze, Irene Schneider, Dr Barbara Roberson, Gaenor Bruce, and colleagues at the Lichtenberg-Kolleg, Gottingen University I am grateful to Professor Gillian Douglas and the anonymous reviewers for their incisive comments and to Rajnaara Akhtar for her excellent research assistance. Any remaining errors are mine. 'Sharia' is spelt differently in different publications. This paper will use 'Sharia' unless it is a direct quote or specific name (eg Muslim Shariah Council).

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