A Critical Analysis of Islamic Council of Europe: From a Juristical and Islamic Legal Maxim Perspective

Muslims living in England are living in a predicament. On the one hand, they have to face the reality that the laws governing the family institution are secular in nature. This poses a threat to their identity and freedom of religion. On the other hand, they are commanded by Islam to settle their disputes according to its laws and principles. However, this is unrealistic, simply due to the fact that the only recognized legal system in England is the English Law. To circumvent this situation, certain Muslim scholars and communities have established quasi-judicial courts, acting in the capacity of mediators, counsellors, arbitrators and even judges, in order to settle marital disputes. These courts, known as Shariah councils, provide a modern approach to alternative dispute resolution, whereby Muslim families and individuals can have their disputes resolved amicably. It was also set up as a response for Muslims to adapt to life under the English secular laws in which they live in, that do not afford them the right of having a Shariah-based institution One such Shariah council offering a modern approach to settling marital disputes amicably is the Islamic Council of Europe. The researcher conducted an in-depth interview with the said council and was able to collect a couple of arbitrational cases and analysed them in order to give a better understanding into its inner workings, its structural set-up and operation. Hence, this paper aims to critically and juristically analyse them from an Islamic legal maxim perspective while taking the Muslim minority context into consideration.