Muslim Women, Nikah Marriages, Domestic Abuse and Religious Arbitration in England

Abstract

This article explores the underlying causes and motivations surrounding non-legally binding Islamic marriages or nikah-only marriages, and their impact on dispute resolution and the process of obtaining a religious divorce, with a special focus on women experiencing domestic abuse. It draws on empirical data from a study of Islamic divorce in the UK. Inspired by phenomenological approaches, the research involved in-depth interviews with British-Muslim women to gain a well-grounded understanding of the problems associated with Muslim marriage, domestic abuse, and divorce from their lived experiences. Furthermore, the study involved interviews with experts associated with providing informal mediation and religious arbitration ranging from imams to Sharia council judges, as well as professionals such as solicitors and counsellors. Sharia council hearings were also observed and their procedural documents were analysed. The data collected were analysed using a thematic approach, and the emergent themes from the rich data provide a detailed insight into the research problem, firmly embedded in the lived experience of British Muslims.