owaisalqarni944In the UK, Sharia councils play an important role in Muslim communities by providing religious guidance and dispute resolution services. However, one of the main issues with many Sharia councils is that their arbitration decisions are not legally binding because they do not meet the requirements of the Arbitration Act 1996. This can lead to prolonged disputes and unenforceable decisions, especially in
cases involving financial settlements, child arrangements, or other sensitive matters. Lawfiq addresses these challenges by offering Sharia-compliant arbitration services that also comply with UK law, ensuring that decisions are enforceable in civil courts.
Challenges with Arbitration Services Provided by Sharia Councils
Many Sharia councils operate informally and offer mediation or arbitration services that focus on religious principles. While their decisions may carry moral weight within the community, they often lack legal enforceability under English law. The 2018 independent review into the application of Sharia law in England and Wales found that Sharia councils often lack procedural safeguards, transparency, and consistency, leading to concerns about fairness and compliance with legal standards. Some rulings have been criticized for placing vulnerable parties at a disadvantage, particularly in cases involving divorce or financial settlements. To access the 2018 independent review into the application of Sharia law, visit the official report
Lawfiq’s Approach: Ensuring Legally Binding Arbitration
At Lawfiq, we are committed to providing arbitration services that adhere to both Sharia principles and the Arbitration Act 1996. Our services ensure that decisions are not only Sharia-compliant but also legally recognized, offering a comprehensive solution for dispute resolution. Here’s how we set a new standard:
Qualified Arbitrators and Legal Experts
Our arbitration services are conducted by qualified lawyers who are experts in both Islamic law and English legal standards. This dual qualification ensures that arbitration decisions follow Sharia principles while also meeting the procedural requirements of the Arbitration Act, making them enforceable in civil courts.
Sharia-Compliant and Legally Binding Outcomes
Unlike many traditional Sharia councils, Lawfiq ensures that arbitration decisions are legally binding under UK law. This means that all rulings are enforceable in court, giving clients the assurance that their disputes will be resolved fairly and with legal authority.
Procedural Fairness
We follow the guidelines of the Arbitration Act to ensure that all arbitration proceedings are conducted impartially, allowing both parties to present evidence and arguments. This commitment to procedural fairness aligns with the principles of justice under both Islamic law and UK civil law.
Concerns Raised by the Courts About Sharia Council Arbitration
Several judges have remarked on the shortcomings of Sharia council arbitration, particularly when their rulings conflict with the principles of English law. Courts have highlighted that while Sharia councils may provide valuable religious guidance, their arbitration services often lack the formal procedures required for legal enforceability. The absence of procedural safeguards and transparency has led to concerns
about the validity of such decisions, especially in cases where vulnerable individuals may feel pressured to accept unfair settlements.
Conclusion
Lawfiq offers a solution to the limitations of Sharia council arbitration by ensuring that our arbitration services comply with both Sharia and the Arbitration Act 1996. This approach provides legally binding and enforceable resolutions, bridging the gap between religious guidance and civil legal requirements. By setting a new standard in Sharia-compliant arbitration, Lawfiq provides a comprehensive service that
respects both Islamic principles and the rule of law in the UK. To read more a (GOV.UK) allenges and recommendations for Sharia councils, you can access the independent review here.