Alternative Dispute Resolution (ADR), Islamic Marriage, Divorce and Child Custody in England and Wales

Abstract

This article considers the inter-relationship between Islamic Law and case and statute law as it relates to legal practice in England and Wales. The emergence of Shari’a in the United Kingdom is briefly considered together with the Islamic origins of arbitration and the development of Shari’a Councils and arbitration bodies. It reviews the place of mediation and arbitration in decisions related to divorce, payment of mahr and child custody issues. These are considered within the case law which reports the outcomes in English courts, when marital disputes have not been settled through traditional means. Attention is also paid to the potential role of traditional attitudes on outcomes both within Shari’a councils and English courts.