Gender and Justice in Family Law Disputes by Samia Bano

Author:Samia Bano
Language: eng
Format: epub
Publisher: Brandeis University Press

Notes

1.This perception is often created by the media in its discussions of Sharia councils. For example, media refer to Sharia councils as “courts” that operate in “secret” or suggest that I have gained “rare” or “exclusive” access to them, or it subjects them to undercover investigations such as that undertaken by the BBC Panorama program “Secrets of Britain’s Sharia Councils” in 2013. This type of language and reporting has created a perception that secret networks of courts are operating in the United Kingdom.

2.Arbitration and Mediation Services (Equality) Bill [HL] 2014–15, a private member’s bill introduced by Baroness Caroline Cox. There is some debate on the extent of impact this piece of legislation will have on Sharia councils. It has been launched three times, and having received its third reading from the House of Lords it is now awaiting its first reading in the House of Commons. http://services.parliament.uk/bills/2015-16/arbitrationandmediationservicesequality/stages.html, accessed 17 June 2016.

3.In using these terms, I draw on the work of Merry (1988), where she discusses legal pluralism as a situation in which two or more legal systems coexist in the same social field.

4.Ralph Grillo (2015) notes in the preface to Muslim Families, Politics and the Law that for Muslims “what I eat, what I wear, how I pray” are all aspects of what is seen as contentious across Europe.

5.http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Planning-and-Regeneration%2FPageLayout&cid=1223408087932&pagename=BCC%2FCommon%2FWrapper%2FWrapper, accessed 17 June 2016. All figures have been obtained from the Birmingham City Council’s website page containing breakdowns of information obtained from the 2011 Census, which took place on 27 March 2011.

6.The rise of Salafism, particularly in Western nations, has been explored in more detail elsewhere (Hamid 2009, 384–402; Commins 2006).

7.The IJB maintains individual files only when a formal application is completed, which triggers the opening of a manual file. For any other queries, some paperwork may be maintained but no individual case file is created. This means that, when any other service user inquires about a matter, it is unlikely that a file will be opened. The record keeping for matters other than an application for a divorce is an issue that is currently under review by the IJB, and it seems likely a more rigid file management system will be introduced for all matters.

8.It is interesting to note that some Muslim feminist scholars such as Aysha A. Hidayatullah (2014, 147) are asking what it would mean if Muslim feminists found that the Quran does sanction gender hierarchy.

9.I acknowledge there are other methods of Islamic divorce but I have concentrated on the most widely accepted and widely used methods.

10.There is some disagreement as to whether, strictly speaking, the husband’s consent is required or if he can be ordered to give his consent. The IJB issues a khul certificate only when the husband consents.

11.Where parties have entered into a civil marriage this issue has been referred to as a “limping marriage” in that a civil divorce has been obtained but the wife is still unable to free herself from the religious marriage.

12.One husband brought with him what appeared to be a

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