The Islamic Sharia Council (ISC) is a British organisation that provides legal rulings and advice to
Muslims
Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abraha ...
in accordance with its interpretation of Islamic
Sharia
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the H ...
based on the four
Sunni
Sunni Islam () is the largest branch of Islam, followed by 85–90% of the world's Muslims. Its name comes from the word '' Sunnah'', referring to the tradition of Muhammad. The differences between Sunni and Shia Muslims arose from a disagr ...
schools of thought
A school of thought, or intellectual tradition, is the perspective of a group of people who share common characteristics of opinion or outlook of a philosophy, discipline, belief, social movement, economics, cultural movement, or art movement.
H ...
. It primarily handles cases of
marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
and
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
and, to a lesser extent, business and finance.
[ Thousands of Muslims have turned to the Council to resolve family and financial issues.] The Economist magazine states it has offered rulings to "thousands of troubled families since the 1980s", the council states that it has dealt with an average of between 200 and 300 cases monthly as of January 2012.
The council has no legal authority in the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, and cannot enforce any penalties; many Muslims would appear voluntarily to accept the rulings made by the ISC.[
The Islamic Sharia Council says it is "devoted to the articulation of classical Islamic principles in a manner that provides a platform for Islam to be the cure of all humanity's ills."] According to ''The Economist
''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...
'' magazine its "two main founders come from purist schools of Islam, the Deobandi
Deobandi is a revivalist movement within Sunni Islam, adhering to the Hanafi school of law,
formed in the late 19th century around the Darul Uloom Madrassa in Deoband, India, from which the name derives,
by Muhammad Qasim Nanautavi, R ...
s and the Salafi
The Salafi movement or Salafism () is a reform branch movement within Sunni Islam that originated during the nineteenth century. The name refers to advocacy of a return to the traditions of the "pious predecessors" (), the first three generat ...
s".[ A rival service, the ]Muslim Arbitration Tribunal
The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in England. It is one of a range of services (Islamic Sharia Council is another) for Muslims who wish to ...
, was founded in 2007 by followers of the Barelvi
The Barelvi movement ( ur, بَریلوِی, , ), also known as Ahl al-Sunnah wa'l-Jamaah (People of the Prophet's Way and the Community) is a Sunni revivalist movement following the Hanafi and Shafi'i school of jurisprudence, with strong Suf ...
school of South Asian Islam, is reportedly "less strict than the Deobandis" and as of 2010 offered dispute resolution in half a dozen British cities.[
]
Criticism and defence
Humera Khan, co-founder of the An-Nisa Society, has said that Sharia councils provide an essential service for many Muslims who see Sharia as a sacred reference, and if used voluntarily, may actually lift a burden off state funded services. Lawyer and rabbi Alex Goldberg has also said that banning them would be "counterproductive", as it would "bolster underground councils rather than those who are seeking to work within the English legal framework, and recognise they are subservient to the English law."[
In an April 2013 report, the ]BBC #REDIRECT BBC #REDIRECT BBC
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...
'' asked whether the Islamic Sharia Council was "failing vulnerable women and mothers" by requiring women seeking divorce to give back their marriage dowry (or ''
'').
The question of ''khula'' divorce often turns on the dower: if the woman is seeking the divorce, she has to return the dower to the man, or else the divorce cannot proceed. Since in traditional Islamic society, men are traditionally the bank account holders and women are traditionally homemakers, the woman has no purchase, and cannot obtain a loan in order to repay the dower to receive an Islamically recognized divorce. The Islamic Sharia Council must recognise a British divorce, by virtue of the law of the land, if the petitioner shows them a
. However, the Islamic Sharia Council is displeased if the dower remains unpaid.