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Honeymoon over for sharia pre-nup
by Bill Bowder
A MUSLIM pre-nuptial agreement has been published, in which couples agree a contract that is based on good will and upholds British social norms, such as not having more than one spouse, and not abusing each other. The Muslim Marriage Contract is endorsed by several of the UK’s main Muslim organisations, including the Imams and Mosques Council (UK) and the Muslim Parliament of Great Britain. It was published last month by the Islamic think-tank the Muslim Institute, which is based in London. One barrister, however, accused the Institute of a lack of moral courage. Neil Addison, author of Religious Discrimination and Hatred Law (Routledge, 2006), said the contract was not a legally binding marriage. It could mean that civil courts would have to try to interpret sharia if it was used in a hearing. “The Institute had a moral obligation to emphasise the need for mosques to register, but it is ambiguous on this point. This muddies the waters,” he said. Mr Addison’s research suggests that only 20 mosques in the UK are licensed for weddings. “The Muslim Institute has not said you shouldn’t be performing nikah (a Muslim marriage) without first having a civil marriage, and that’s a problem. It is well intentioned, but it is a cohabitation agreement,” he said. But the director of the Muslim Institute, Dr Ghayasuddin Siddiqui, said that he hoped the agreement would eventually be legally binding. In his introduction to the contract, Dr Siddiqui said that the Institute’s aim was that it should be used in all Muslim marriages. It was pursuing a campaign to encourage more mosques to register under the 1948 Marriage Act. “Thus Muslims married in Britain will be able to access the British courts regarding marital issues, whilst at the same time enabling British courts to enforce the rights of parties to a Muslim marriage in accordance with the sharia.”The Muslim Council of Britain (MCB), which had originally collaborated on the contract, withdrew its support last month, saying that it rejected “the misguided and incorrect assertions” made by the Muslim Institute. It is planning to produce its own guidance on marriage. It was also reported that the Muslim Law (Shariah) Council UK had also withdrawn its endorsement. A spokesperson for the Ministry of Justice, however, said it welcomed the contract’s “clear guidance and advice on how sharia law can work in harmony with current British law”. |
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