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Wednesday 24 October 2012
More women are getting married under religious law, unaware they lack legal rights
Every year increasing numbers of couples marry according to religious law only, and are unaware that they are not legally married in Britain.
Religious quasi-courts run in parallel to British courts, but unlike our courts, they operate behind closed doors and make decisions that are likely to be unfair to women.
There are at least 85 religious quasi-courts ruling on family and criminal matters in Britain, according to a report by independent think-tank Civitas, and their judgments can be made legally binding if approved by national law courts.
Concerned that many women are pressured to submit to such courts, women’s rights organisations, including Karma Nirvana and British Muslims for Secular Democracy, have campaigned for years to stop religious courts from operating in Britain. Before more women suffer unnecessarily, the women of Britain need to sit up, take notice, and support women having a choice so they can use their voice.
Baroness Cox, cross-bencher and global women’s rights activist, introduced a private member’s bill in the House of Lords last year, to stop quasi-courts across all faiths, superseding the law of the land. Last Friday the Bill had its second reading in the Lords. The Lords welcomed the bill after hearing of the plight of women suffering at the hands of such courts.
Heidi* (not her real name) said that a Sharia court pressurized her to drop police charges against her husband after he stabbed her: "They told me that it's a family matter to be dealt with in our courts and if I knew what was good for me I would go to the police and tell them I lied".
If the bill becomes law, such courts will not be allowed to make decisions about criminal matters, and any person who falsely claims to have the power to make legally binding decisions in Britain will be guilty of a criminal offence.
Every year increasing numbers of couples marry according to religious law and not national law. Many are unaware they are not legally married in Britain. It is only when they separate they realize they are not legally married and therefore not entitled to financial settlement. When seeking a divorce after suffering from years of beatings, Maria* (not her real name) said: "I thought my religious marriage was a legal marriage. My husband lied to me."
Muslim groups including the Muslim Women's Network, Muslim Parliament of Great Britain and the Muslim Institute, have campaigned for years to encourage Muslims to marry according to national law as well as religious law.
The bill will help women like Maria by placing duties on public sector workers to inform women of there rights under British law. So, if a social worker became aware that Maria had only had a religious marriage, the social worker would have to inform Maria that she is not legally married in Britain and therefore does not have legal protection.
The second reading follows years of hard work, with the Baroness campaigning tirelessly for women's voices to be heard, and for their rights to recognized as equal to a mans in 21 century Britain, in our nation. The Baroness has, at first-hand, seen the suffering women experience at every stage of their dealings with quasi-courts. Baroness Cox has met countless numbers of women who have told their stories, as well as having met court leaders, and observed them ruling on legal matters.
Baroness Cox told the Lords that women are suffering from gender discrimination. She explained that a Sharia court in Nuneaton (the Muslim Arbitration Tribunal) gave judgment on an inheritance dispute between three sisters and two brothers. The judge gave the men double the inheritance of the women. The bill will prevent quasi-courts from disadvantaging women because of their gender by strengthening the provisions of the Equality Act 2010.
We cannot allow Baroness Cox to go it alone when we, as citizens of Britain, have a responsibility to ensure that women living in this country are protected from unnecessary suffering, by our laws. We must support the bill to prevent more women from falling prey to the patriarchal rulings of such courts.
The bill will now enter committee stage and report stage before returning to the House of Lords for a third reading. Evidence of the need for the bill, including women’s testimonies, has been compiled in a booklet and is available from www.equalandfree.org.uk
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