The Unresolved Issue of Sharia Councils: Ensuring Equal Access to the Rule of Law in England and Wales

The Unresolved Issue of Sharia Councils: Ensuring Equal Access to the Rule of Law in England and Wales

This discussion is not about Islam as a faith or religious practice. It concerns the application of UK law, equal protection under it, and the state's responsibility to address informal systems that can limit access to civil rights — particularly for vulnerable individuals, including women in unregistered marriages.

Sharia councils in England and Wales operate informally, providing religious guidance on matters like marriage and divorce. They hold no legal status or authority — UK law prevails in all civil matters.

The government's Independent Review (published February 2018) examined these councils and identified key issues:

- Many Muslim couples conduct only a religious (nikah) marriage, unregistered civilly, leaving women without legal protections in divorce, inheritance, or domestic abuse cases.

- Practices can disadvantage women, including pressure to reconcile in abusive relationships, unequal divorce processes, and limited safeguarding.

- Social and community pressures can divert individuals from civil courts, even though councils lack formal power.

The review recommended:

- Legislative steps to encourage or require civil registration alongside religious marriages.

- Public awareness campaigns on civil rights and legal options.

- A code of practice for councils to promote consistency and safeguards.

These steps aimed to protect rights without restricting religious freedom.

Progress Since 2018

Little substantive action has followed. No amendments to marriage laws have mandated civil registration for religious ceremonies. No statutory oversight or mandatory safeguarding framework has been introduced for councils.

 Governments have consistently stated that UK law takes precedence and councils are voluntary, but critics argue this reassurance does not address practical barriers — such as misinformation, family pressure, or fear of community stigma — that prevent full access to civil remedies.

Under the current Labour Government, the position remains similar: emphasis on religious tolerance and the non-binding nature of councils, akin to other faith-based bodies. However, no new legislation or enforcement mechanisms have emerged to tackle the documented risks.

The Core Concern: Parallel Norms and Access to Justice

The challenge lies not in formal "Sharia courts" (which do not exist legally) but in how informal norms and social authority can influence decisions in family matters. This can disproportionately affect women, undermining principles of equality under the Equality Act 2010 and protections against domestic abuse.

Enforcing uniform legal standards is not intolerance — it upholds the rule of law for all, including those in minority communities who may need protection from coercive practices.

Moving Forward

The 2018 review provided evidence-based recommendations to reduce vulnerabilities without banning religious practices. Addressing unregistered marriages, improving awareness of civil rights, and ensuring safeguards could strengthen equal access to justice.

Without action, the gap between legal principle ("UK law always applies") and everyday reality persists. This is not inevitable — it reflects policy choices that prioritize caution over proactive reform.

The rule of law functions best when access is equal and barriers — legal or social — are actively removed.

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