We can assist with –
- Forced Marriages
- Domestic Violence
- Family Disputes
- Commercial and Debt Disputes
A recent Government study has projected a figure of 3,000 forced marriages a year, in reality this could be many more. It is important to make a distinction between arranged marriage and forced or coerced marriage. It has been made clear that arranged marriages have some grounding in Islamic Law, but forced or coerced marriages have no foundations in Islamic Law and shall be nullified under the doctrine of Sharia. The Forced Marriage Act 2007 has been a step in the right direction as protection orders can now be issued.
In cases of domestic violence, it is vital to draw a distinction between Islamic laws and national cultures. There are many instances where the offender justifies domestic violence by stating that it is permitted under Islamic law.
Whether or not you are legally married, the stipulations in the Nikah (Islamic marriage contract) such as the Mahr (sum of money or other property that the husband agrees to pay the wife) can be enforced through the English legal system, by way of contract law. In relation to marriage, problems usually arise where a person is Islamically married but not legally married. Our Sharia law team can help in dissolving a Nikah according to Islamic principles and will also recommend our clients to Islamic marriage guidance counsellors and pre-marriage classes.
As property ownership has increased, so too has the problem of inheritance. If there is a will, this takes precedence in both English and Islamic law, but challenges can still be made to a will. All too often there is no will and here the matter can become complicated.
Sharia law can be used as a means of arbitration to resolve commercial disputes. An arbitration agreement may be drawn up based on Islamic principles, the aim being is to prevent going to court. Both parties must agree in advance for the arbitration agreement to be binding. An arbitrator is someone who is not connected to either party and must act as an impartial judge with expertise in the relevant field. Disputes may involve disagreements over the quality of goods supplied, interpretation of a trade clause or point of law, or a mixture of these issues.