Divorce can be a costly and messy business, unless you are a Muslim man married under Islamic law. In that case, you can simply utter the word talaq (divorce) three times and the marriage is over.
This practice was last week challenged in India’s supreme court, where Muslim women are demanding its abolition. But it is not just India that is failing to safeguard basic rights — lawmakers here in Britain are letting down vulnerable Muslim women.
The problem is that some Islamic marriages are not legally binding in the UK, usually because the marriage has not been registered through a civil ceremony. In effect, this means the married couple are treated under the law as cohabitees.
This can be catastrophic for women when the marriage fails, leaving them without any means of financial support. Another problem is that such unregistered marriages can only be ended by a religious body known as a Sharia council and not a civil court if the man won’t agree to divorce. This forces Muslim women to seek justice under a system that is heavily weighted against them.
Theresa May, as home secretary, last year launched a review into Sharia councils. It is believed that there are at least 30 operating in this country. They have no legal standing and yet exert huge influence. It doesn’t inspire much confidence that the review is being chaired by a theology scholar rather than a judge. Adding to the growing demand for action is the Casey report into social cohesion, published last year, which delivered a damning assessment of Sharia councils, saying they left women trapped in abusive marriages.
The authorities should invest in an education campaign — far too many Muslims do not understand their marriage rights under Islamic law.
Civil marriages should be made mandatory alongside religious ceremonies and it should be a crime for such ceremonies not to be registered under the Marriage Act.
Sharia councils should come under tighter regulation. The arbitration services they offer should be subject to Britain’s equality laws. There should be more female Sharia judges, and the councils should be made more accountable and transparent.
It is an anomaly that a society such as ours, which takes pride in championing equality, overlooks the plight of vulnerable Muslim women. Britain’s second woman prime minister should take note and act.