EXPERTS are divided about the impact of a proposed new Muslim marriage contract being launched today in London with the backing of Ann Cryer MP, that would, claims one, give recognition to shariah law.
The new contract, drafted by the Muslim Institute, launching at the City Circle, would provide women with written proof of their marriage under Islamic law.
But discrimination barrister Neil Addison says it would mean shariah law by the 'back door.'
‘With government members approving it, it gives pseudo-legitimacy to Islamic marriage and to shariah by the back door, without giving any real reason why this contract is necessary and what’s wrong with civil marriage.’
Up to now, Muslims, alone among all religious groups, do not register their religious buildings in order to perform marriages that conform to English law. The new contract encourages registration.
The nikah is not recognised by the British courts and as s a result, Muslim women who face talaq – Muslim divorce - could be left with no financial redress and become outcast, suffering loss of honour, status and social and financial support.
Dr Ida Glaser, a Director of the Centre for Muslim Christian Studies, and an expert on women’s issues, told Lapido Media: ‘It can be an unbelievable nightmare, so what is proposed is absolutely revolutionary.
‘It’s advocating recognition of the woman’s role in marriage both in English and Islamic law. It’s a very, very egalitarian interpretation of Islamic law. It’s not outside of Islamic law, but it’s a much more modern interpretation of Islamic law and one to be greatly encouraged.’
MP Ann Cryer has also endorsed the contract, describing it as ‘an excellent piece of work’.
She said: ‘I feel confident in recommending its findings to women (and men) of the Muslim faith contemplating marriage. The advice contained will, I am sure, help thousands of young people.’
The contract is the work of Dr Ghayasuddin Siddiqui, Founder Director of the south London-based Muslim Institute, who since 1994 has been working to persuade leading Muslims in Britain including the Muslim Council of Britain and others to reform the written contract that forms the basis of the nikah.
He said: ‘Now they are realisng the need for this. I think partly they were living in their own ghettoes.
‘Many young people thought marriage through an imam was acceptable. Now if the marriage breaks down, it is only then that the woman realises she has lost everything.’
The reforms in the contract include:
- removing the requirement for a ‘marriage guardian’ (wali) for the bride, who, as an adult, can make up her own mind about whom to marry.
- enabling the wife to initiate divorce and retain all her financial rights agreed in the marriage contract.
- forbidding polygamy whether formally or informally in the UK or abroad
- encouraging mosques to register to perform marriages
Dr Siddiqui said the contract would bring Muslim marriages in Britain into line with positive developments in Muslim family law ‘across the Muslim world.’
It did not however have the support of the salafist UK Islamic Shari’ah Council – or Muslims who are against shariah recognition of any kind.
Other British lawyers were sceptical about the contract. Discrimination lawyer, Neil Addison author of Religious Discrimination and Hatred Law described it as ‘an encouragement to illegality.’
‘Though I can see that the intention behind this contract is good, it continues the unfortunate trend of separating Muslims from the general community in Britain.
‘The Contract will still permit Imams to perform Muslim Marriage ceremonies when the couple are not married in accordance with British Law; indeed the existence of such a ‘model’ contract endorsed, as this is, by lawyers and MPs gives the seal of approval for the continuation of marriage ceremonies which have no legal legitimacy under British law.
‘It is in fact an encouragement to illegality.’
He said Jews, Catholics, Sikhs, Hindus and Quakers all carried out marriage ceremonies in accordance with British law either by insisting that the couple had a civil ceremony before the religious ceremony, or by registering for marriages and incorporating the legal requirements for marriage into the religious ceremony.
‘Muslim organisations are the only religious group encouraging their members to ignore the British law of marriage, and that is harmful to Muslims because it deprives them of their legal rights under British law.
He added there was nothing in civil marriage that was contrary to Islam.
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Shaykh Rattle 'n' Roll (10/08/2008 at 03:30)
Amusingly, this is being described as "equality", but even with these new changes, the woman isn't expected to provide financial support to her family; that's the man's problem.
The usual slew of MPs and feminists have crawled out to say how they support these wonderful revisions to Islam. However, the best part is that this contract wasn't the product of a drunken night, but took four years to compile. After four years, they have produced something that tarnishes the Muslim man, and doesn't for even one second address the underlying problems in some marriages. I mean, seriously, who is going to be "nice" just because some contract says so? Does that work for non-Muslims?! All that stuff about "loving, honouring, richer, poorer" still leads to a lot of battered women and broken homes. This doesn't solve anything, it just makes us look pathetic.
We do have good and bad marriages amongst Muslims, but basing a marriage on Islam, i.e. actually practicing what was proclaimed by the prophet Muhammad (saw) is the ONLY solution for a successful productive Muslim marriage.
So there it is: these people have decided that our Islam has been too Qur'anic, and our methodology based too much upon the sunnah of the prophet Muhammad (saw). They want to add in a little of their own spices to make it taste better. Yummy.
M Imran (20/08/2008 at 13:02)
Friday 15 August 2008
MCB clarifies its position on document initiated by the Muslim Institute
“In furtherance of its policy to work with others for the unity of Muslims and for the common good, the MCB had collaborated on a worthwhile initiative on enabling parties to a Muslim marriage to understand and respect their rights and obligations and to enable Courts to enforce the rights of parties in accordance with what is agreed at the time of the Nikah. That initiative has regrettably led to misinterpretation of Shari’ah by those who the MCB had trusted to take the lead on this matter. Those representing the Muslim Institute were reported as saying that the documentation produced was a “re-invention of Shari’ah” or that it was a “modern” or “ reformist” view of the Shari’ah. These types of glib generalisations on sharia councils are unhelpful and not in keeping with MCB's evidence-based approach to community issues. Moreover the MCB looks to the traditional Islamic institutions of ijma (the consensus of scholars) as the way forward in resolving the issues of our times.
The MCB rejects the misguided and incorrect assertions made by and ascribed to the Muslim Institute.
In the circumstances the MCB has decided to produce its own guidance which it will issue after due consultation with its affiliates and ulema” said Dr Reefat Drabu, Assistant Secretary General and the Chair of the Social & Family Affairs Committee of the MCB.