Background
Justice for sisters in Islam was founded by a qualified solicitor with over 15 years experience as a family law practitioner (initially a partner in a legal aid practice and subsequently worked in private practice), who has also undertaken civil mediation training and has a doctorate in law. The founding member is a visiting research fellow at the University of Cambridge. She has extensive experience of dealing with domestic abuse and gender based violence cases and representing Muslim women before Shari’a Councils and the English family courts. In addition, the founder is a member of the Resolution Domestic Abuse Committee, Co-habitation Committee, Children’s Committee and international Committee. The founding member (s) work on numerous research projects and any relevant publications will be posted with links on this website. (Details of members is available on request).
There are not many Muslim women’s exclusive organisation or help available, which are based in London (There are some charities such as Muslim Women’s Network UK (MWNUK) in Birmingham (this tackles all issues relating to Muslim women) and Amina Muslim Women’s Resource Centre (Amina MWRC)) in Scotland (this organisation does not deal with Muslim women trapped in unregistered marriages (nikah only ceremonies)). In Scotland, there is no such problem as the celebrant-based system exists requiring Islamic marriages to be registered. (Vora, 2016; Probert, 2017).
Originality of JFS
We identified what is lacking, the dissemination of egalitarian Islam. Most women said: ‘where do we find this?’ While the recent academic scholarship is beginning to address this, but it would be helpful to point to the Qur’an and Sunna reference on this.
For example, one very successful Muslim family practitioner running her own law firm said: ‘where do I find the Qur’anic human rights?’ This is not obvious because the Qur’an is a book of moral guidance with a small section on law (there is one chapter four, named ‘Women’ again it is not easy for a lay person interpret these laws. There were many female scholars from the Salaf period and their work is being revived by scholars such as Asma Saeed (Saeed, 2013). This is the key to disseminate the egalitarian principles of Islam and help to achieve gender equality, eliminate discrimination, promote justice, fairness and equity and protect fundamental human rights.
However, in London, there is no exclusive Muslim women’s arbitration of mediation organisation working exclusively on domestic violence issues to assist Muslim women. One such non-Muslim organisation is Southall Black Sisters (SBS), a not for profit organisation has existed since the 1970’s but does not exclusively offer specialist help for Muslim women. SBS has promoted good work for many victims of abuse and is involved in legal reforms on domestic violence and undertakes political campaigns to bring about reforms to protect women in general.
There is also no organisation in London dealing with aspects of Muslim family law as well as other aspects of Islamic contracts. This is particularly important as we have learned through practice and working with Muslim women that these women in London approach various scholars, Shari’a Councils, Muslim Arbitration Tribunal, Fiqh Council Birmingham, London and Mosques are approached and very rarely, there are Muslim females available.
We are hoping to set up a physical presence in London to help and/or refer women for appropriate help. Most of the work we undertake is research and practice-based workshops and disseminating information to assist Muslim sisters in a vulnerable position. IAMS intends to signpost women to the appropriate organisation for help. In the future, as the forum expands a helpline will be setup to offer help, guidance, referrals, support (this is to guide Muslim women, young girls and anyone concerned about the safety of individuals to the appropriate organisation).
We would welcome international members to join our cause to promote the need for egalitarian Islamic principles (Muslim family law) gender equality and compatibility with UK laws, particularly with reference to English family law. There are many Muslims requiring guidance on Islamic arbitration and mediation. Many English service providers are not cultural or religious sensitive to these issues and therefore, women feel they turn to traditional legal justice forum but prefer a more informal process to reach an amicable agreement and eliminate animosity. The key aims are to focus on egalitarian Islam as practice demonstrates that Muslim women are keen to approach an Islamic forum first (Bano, 2012; Akhtar, 2015; Walker, 2016; Tariq, 2017; Parveen, 2017; and Uddin, 2018).
Since the migration of Muslims in the UK, particularly, in the 1960’s when Immigration laws were relaxed, there were many South Asian Muslims that entered the UK. The 2011 census confirmed that there were 2.71 million Muslims in the UK. The UK Muslim population consists mainly of South Asian Muslims from Pakistan, Bangladesh and India. According to the 2001 census, 43 per-cent (650,516) of all Muslims in England were Pakistani (The Pakistani Muslim Community in England – Understanding Muslim Ethnic Communities Report 2009 by the Department for Communities and Local Government, p.7 http://webarchive.nationalarchives.gov.uk)
There has been an increase from 1.55 million to 2.71 million in 2011. South Asian migration to the UK meant that the migrants brought with them the idea that Muslims could develop their own ways of translating Islamic law into juridical practices, which meant setting up Shari’a Councils (Bowen, 2011). The second and third generation Muslims are adhering to Salaf Islam (as practiced by the companions of the Prophet Muhammad (peace be upon him)) and they are simply entering in nikah only marriages for several reasons (Akhtar, 2018; Islam, 2018). There is a unique niche of Muslim family law specialists emerging in England that are trying to address the problems of Muslim women (Khan, 2016; Saleem, 2017; Tariq, 2017) in nikah only marriage (not recognised under English law unless they conform to the English marriage laws).
Shari’a Councils in the UK
Shari’a Councils were formed to address the family problems of Muslims living in the UK using Islamic family law and some critics argue this to be a separate ‘parallel system’ or ‘sharification’ (Patel, 2017). These Councils deal with Islamic issues facing Muslims in the UK such as Islamic divorces, marriage issues, giving fatwas (legal opinions) on Muslim family law (the Qur’an contains 190 legal verses (deal with family law and inheritance) out of approx. 6237, shari’a family law is part of al-mu’amalat – that concerns the interactions, transactions, and relationships between individuals and families), divorce, marriage, domestic violence, children, mahr (nuptial gift), halal finances and many other contemporary issues facing Muslims in the UK.
In Sunni jurisprudence, there are four schools: Hanbali, (which adopts literalist approach and can be egalitarian), Hanafi, (this school has the largest following, adopts an inductive approach and was the first to adopt analogy approach), Shafi’i, (adopts consensus, independent reasoning and deductive approach) and Maliki, (this school also adopts an egalitarian method and reflects the consensus of the people of Medina); each is named after a Sunni scholar. The scholars from the Muslim Arbitration Tribunal (MAT) and Shari’a Councils are from South Asia and the Middle East and belong to Sunni-Hanafi (Deobandi), Hanafi (Barevli), Maliki, Shafi’i and Hanbali schools of thought. Various Shari’a Councils adhere to all four schools of Sunni thought: Hanbali, Shafi’i Hanafi and Maliki although they are mainly recruiting Hanbali (Salafi) scholars. Both Salafis or Ahl al-Hadith (as known in South Asia) adhere to the original scriptures of the Qur’ān and Sunna. In addition to Sunni schools, Shari’a Councils also adhere to Shi’a schools of thought (twelve imams), when dealing with Shi’a divorces.
Most Muslim women approaching Shari’a Councils or Mosques have entered in nikah only ceremonies and these have not been registered under UK civil laws. In Scotland, there is no such problem due to the celebrant-based system, but the problem mainly exists in England and Wales (Vora, 2016; Probert; 2017; Akhtar, 2018). Muslim women in nikah ceremonies only are in a vulnerable position under the English law and sometimes under Islamic law if marriage contract lacks validity and/or has not addressed issues to protect the wife’s position. Shari’s Councils have been criticised for gender discrimination (this means the different treatment women receive in comparison to men). As a consequence, there have been two inquiries launched: Two official inquiries were launched: the first was by the Home Office (independent review of shari’a law in England and Wales) and a Report (the ‘Siddiqui Report’) was published in February 2018 (Home Office, Independent Review into Shari’a Law Launched(HomeOffice2016), this was chaired by Professor Mona Siddiqui http://www.gov.uk/government/news/independent-review-into-shari’a-law-launched and see further Report on The independent review into the application of shari’a law in England and Wales (February2018)at https://www.gov.uk/goverment/uploads/system/uploads/attachment_data/file/678478/6.4152_HO_CPFG_Report_into_Shari’a_Law_in_the_UK_WEB.pdf) The other inquiry was by the Home Affairs Select Committee of the House of Commons and this was closed due to the General Election in June 2017 (this may re-open at a later date). The HAC intended to examine how Shari’a Councils operate in practice, their work resolving family and divorce disputes and their relationship with the English legal system (Home Affairs Committee, ‘Shari’a Councils Inquiry Launched’, https://www.parliament.uk/business/committee/news-parliament-2015/160623-new-inquiry-shari’a-councils).
Problems faced by Muslim Women
The question is why so many Muslims insist on a nikah ceremony without legalising this under English law to avail themselves legal protection. Marriage is a contract of civil law and this contract is the only legal element relevant in concluding a marriage. However, marriage is also an act of ibada (worship), thus marriage is one of the few contracts in fiqh (jurisprudence) that comes within ibada. In the UK, a unique situation exists among South Asian Muslims (but field study demonstrates this practice is widespread among other Muslim communities), they resort to having two separate ceremonies instead of one civil registration and, in most cases, only the religious ceremony takes precedence.
Non-registration of nikah ceremonies means that Muslim women are left in a vulnerable position under English law, particularly, there is no financial protection available to Muslim women. These women approach Shari’a Councils but their jurisdiction is non-binding as Islamic law is not recognised in the UK. Muslim women have been turning to imams, religious scholars from both the Muslim Arbitration Tribunal and Shari’a Councils. The English judiciary does not recognize Islamic marriages or divorces unless they conform to the Marriage Act 1949 requirements otherwise they are not recognised.
Women married in nikah only marriages in the UK – then marriage declared valid or void, voidable then (section 11 of the Matrimonial Causes Act 1973 is void marriage and section 12 is voidable marriage) resulting in decree of nullity. However, a non-marriage (non-existent) declaration by the English courts excludes women from financial protection under the Matrimonial Causes Act 1973.
Women married abroad in nikah only marriages – then this is recognised and, if divorced abroad, they can apply under Part III of the Matrimonial and Family Proceedings Act 1984. In addition, there is entitlement to Schedule 1 to the Children Act 1989 and/or Trusts of Land and Appointment of Trustees Act 1996 (if the facts fit).
Purpose and Mission
JFS is too small to be registered as a company but operates to work along similar guidelines by incorporating the guidelines of a sole trader and charge reasonable fees in line with a view to expanding in the foreseeable future exclusively in arbitration and mediation. It is likely to be registered with the HMRC in the future within the first 3 months.
- The purpose is to assist Muslim women facing difficulties, ending gender-based violence and direct them to the appropriate organisations;
- The aim is to promote Muslim women’s rights and human rights under egalitarian Islam and promote awareness of Muslim women’s rights under civil family law, criminal justice system, to assist mainly with arbitration and mediation of resolving disputes.
- Promote access to arbitration and mediation forum.
Values of Justice
- To empower Muslim women with knowledge about their rights under both Islamic and Civil family law;
- To be accountable to ourselves, our clients, online users, communities;
- To disseminate information to assist Muslim women gain access to arbitration and mediation. Since legal aid has been withdrawn for all but the most exceptional family law problems (Legal Aid Sentencing and Punishment of Offenders Act 2012), this means fewer people have access to the legal system due to changes to family legal aid. This has increased the family mediators in family dispute resolution. The legal aid cuts have forced the vulnerable groups to resort to other mediation such as Shari’a Councils and some argue the government’s privatisation of justice is a failure to fulfil their responsibility and a gradual decline of the principle of the rule of law;
- To adopt a diverse, equal and inclusive approach and engagement;
- Confidentiality is central to JFS;
- To disseminate information about Islamic egalitarian models such as the Qur’anic model, A’isha Bint Abi Bakr’s (Prophet’s wife) model, Umm Salama (Prophet’s wife) she was the first to advocate women’s rights movement called ‘An-Nisa’s Haqq’ and the revival of Salaf Islam (as practiced by the companions of the Prophet Muhammad (peace be upon him)). Salaf Islam is without the introduction of innovations in Islam and strictly adhere to the Qur’an and Sunna;
- To disseminate information about Islamic dispute resolution and Islamic conflict resolution models from the Qur’an (how this works in accordance with the Qur’anic egalitarian principles).
Justice for Sisters (JFS)
Non- Court Dispute Resolution - NCDR
Muslim women seek non-court dispute resolution and for an Islamic divorce they approach Shari’a Councils.
Those in civil and Islamic marriages again seek a non-confrontational approach. The civil no-fault divorce has to some extent eradicated the difficulties women faced especially those who suffered domestic abuse. However, with Islamic divorces if Shari’a Councils are not involved then women can be trapped in Islamic marriages for years. Already, there have been numerous legal reforms to assist women on the civil side but in relation to Islamic divorces, there is an additional factor that men unilaterally pronounce divorce (talaq). Women approach Shari’a Councils to apply for khul’a (Islamic divorce initiated by the wife).
Nearly all Islamic divorces are resolved through an Islamic dispute resolution conducted by Shari’a Councils. As Islamic marriages and divorces are not recognised in the UK, these are therefore, resolved by Shari’a Councils or foreign courts sometimes abroad.
Services Specific to Muslim Women’s Needs
Many organisations overlook the needs of Muslim women and at JFS with legal background, it is a useful insight to guide women and support them throughout a non-litigious process of reaching a settlement relating to finances, particularly the payment of pre- nup gift (Mahr) and children. Also, where court processes are involved then, at JSF we can assist and guide women having represented several women over a decade of period in relation to domestic abuse, both Islamic divorce and civil divorce, children and finances. Muslim women opt for a non-court dispute resolution and are intimidated by the court process including the police where domestic abuse takes place.
Islamic divorces are rarely understood by most family law practitioners because Islamic jurisprudence is complex and each woman opts for either a Sunni or Shi’a jurisprudence and then, they want a female scholar/decision-maker on the Shari’a Council panel.
The founding member is a Resolution member and wrote a chapter on shari’a law. See Resolution website:
AI and JFS
We are the first Muslim women’s organisation to launch AI to assist Muslim women since 2023 we have assisted the following women on a pro- bono basis:
Since the launch of Aden - AI, JFS have dealt with the following number of women:
=> Domestic abuse victims 2114
=> Non- court dispute resolution 2680
=> Islamic mediation for an Islamic divorce 2456
=> Islamic divorces 1560
=> Civil divorces and support provided 1233
=> Finances relating to pre-nuptial gift (mahr) 2489
=> Family financial referrals 879
=> Forced marriage issues 380
=> FGM potential issues 258
How JFS supports women and children - confidentiality and safety is at the heart.
We provide a safe, confidential and non-judgemental environment for you to share your thoughts and feelings and get answers to the many questions you will have. I meet my clients in a quiet and relaxed environment where they can talk freely about their situation.
How JFS supports victims through guiding them in relation to a religious divorce and also whether a civil divorce is appropriate. JSF will provide options to go to a local Shari’a Council affiliated with implementing good practice and a safe environment for victims. JFS is already working in collaboration with several other local organisations including Muslim therapists for victims.
JFS and the Resolution Code of Practice
Women are afraid of court proceedings and say they find it very complex when dealing with solicitors using legal jargon. They also feel the pressure that they need to issue court proceedings to protect themselves. However, in accordance with Islamic principles their core aim is to save the marriage and go for Islamic mediation at Shari’a Councils or other Islamic forum.
At JFS we aim to implement the Resolution Code to assist victims and Muslim women seeking an Islamic divorce so the whole process is completed swiftly in a non-confrontational manner especially when settling child arrangement issues and pre- nuptial gift payments. Sometimes, victims are forced to split to civil courts but in our experience it seems couples abide by Shari’a Council rules based on Islamic jurisprudence derived from the Qur’an and Sunna. This is because most of the couples approaching the Shari’a Councils are practising Muslims.
JFS provides a copy of the code the women and reassures them that this needs to be followed throughout the process. As JFS is an online forum it gives women confidence to deal with confidence and at the comfort from their home.
Most women have found that solicitors tend not to completely abide by the Resolution code of practice. They sometimes use inflammatory correspondence and it aggravates the situation. This is why we at JFS having many years experience as a family law solicitor tend to steer the negotiations in a non-confrontational manner. Also, as a qualified civil/commercial mediator and experience of MIAMS (see other part of the website for more details) any Islamic contractual disputes are resolved using the dispute resolution forum.
