Islamic academic: Muslim women can benefit from laws helping Jews
Dr Amin Al-Astewani cited laws which 'pressurise' Jewish men to grant divorces during a session of the Home Affairs Select Committee
An Islamic academic has cited British laws that “pressurise” Jewish men to grant their wives a religious divorce in a parliamentary submission on Sharia courts.
Dr Amin Al-Astewani, a Law lecturer at Lancaster University, told the Home Affairs Select Committee that the English legal system gives “exceptional avenues” for Shariah Councils to accrue legal force, citing those that benefit Jewish women.
It comes as campaigners warn that disbanding Sharia Councils could leave thousands of Muslim women trapped in abusive marriages, as the influential parliamentary committee looks into the Councils’ practices.
Although the decisions of Sharia Councils have no legal power in the UK, English judges can treat an Islamic decree of divorce issued by a Shariah Council as having legal effect for the purposes of contract law.
Al-Astewani cited the Arbitration Act 1996, which allows Jewish couples to refer their divorce dispute to a private arbitrator, whose decision is enforced in the civil courts.
She also suggested the Divorce (Religious Marriages) Act 2002 as an alternative avenue for Muslim women, because this is used by the London Beth Din.
“This Act allows a court to order that a decree nisi cannot become absolute until both parties dissolve the marriage according to ‘the usages of the Jews’ or ‘any other prescribed religious usages,’” she wrote.
“The London Beth Din has stated that section 10A has reduced the number of Jewish women in limping marriages, by pressurising Jewish husbands to approach the Beth Din and agree to give their wives a divorce before the decree absolute is issued.”
Muslim women could apply under the term “other prescribed religious usages,” she said, but they must first apply to the government for such an extension to be officially granted. No such application has of yet been made by the Muslim community.
Thank you for helping to make Jewish News the leading source of news and opinion for the UK Jewish community. Today we're asking for your invaluable help to continue putting our community first in everything we do.
For as little as £5 a month you can help sustain the vital work we do in celebrating and standing up for Jewish life in Britain.
Jewish News holds our community together and keeps us connected. Like a synagogue, it’s where people turn to feel part of something bigger. It also proudly shows the rest of Britain the vibrancy and rich culture of modern Jewish life.
You can make a quick and easy one-off or monthly contribution of £5, £10, £20 or any other sum you’re comfortable with.
100% of your donation will help us continue celebrating our community, in all its dynamic diversity...
Engaging
Being a community platform means so much more than producing a newspaper and website. One of our proudest roles is media partnering with our invaluable charities to amplify the outstanding work they do to help us all.
Celebrating
There’s no shortage of oys in the world but Jewish News takes every opportunity to celebrate the joys too, through projects like Night of Heroes, 40 Under 40 and other compelling countdowns that make the community kvell with pride.
Pioneering
In the first collaboration between media outlets from different faiths, Jewish News worked with British Muslim TV and Church Times to produce a list of young activists leading the way on interfaith understanding.
Campaigning
Royal Mail issued a stamp honouring Holocaust hero Sir Nicholas Winton after a Jewish News campaign attracted more than 100,000 backers. Jewish Newsalso produces special editions of the paper highlighting pressing issues including mental health and Holocaust remembrance.
Easy access
In an age when news is readily accessible, Jewish News provides high-quality content free online and offline, removing any financial barriers to connecting people.
Voice of our community to wider society
The Jewish News team regularly appears on TV, radio and on the pages of the national press to comment on stories about the Jewish community. Easy access to the paper on the streets of London also means Jewish News provides an invaluable window into the community for the country at large.
We hope you agree all this is worth preserving.
