The Sharia Inquiry, Religious Practice and Muslim Family Law in Britain

Reviewed by: Ifthahar Ahmed – Cardiff University, UK

Published by: New York: Routledge, 2023, 142pp. ISBN: 978-0367547318.

Following on from Professor Mona Siddiqui’s ‘Independent Review of Sharia Law in England and Wales’ in 2018, the contributors to this volume have focused on how sharia law is being (mis)used, primarily by “sharia councils,” and whether Muslim women who use these sharia councils experience discrimination. The objective of this volume is not only to critique the findings within Siddiqui’s report, but also to prompt state action and legal reform in ensuring that the appropriate safeguards are in place for Muslim women seeking divorce.

Probert provides a critical overview of how religious-only marriages, i.e. marriages without formal recognition from the state, are not unique to Muslims. In fact, other religious groups in England and Wales, namely the Catholics and Jews, did conduct their own religious-only marriages in the 18th century, and it was never a genuine concern for the state until their numbers grew. The author asks one not to forget one’s history as, by doing so, one may fall into a narrative where this becomes perceived as a distinctly Muslim problem. Although this is useful to note, it might be somewhat problematic comparing the 18th and 21st century contexts. Arguably, 18th century England and Wales were under a more Christian rule, whereas today it may be perceived to be more secular than Christian. One could, therefore, contend that the former context means that the Christian state had every motivation to ensure that they presided over religious marriages, whereas a more secular state, like today’s, should have little interest in those who partake in religious-only marriages.