Understanding Sharia Processes

Farrah Ahmed is Professor at Melbourne Law School, University of Melbourne, Australia.Ghena Krayem is Associate Professor at the University of Sydney Law School, Australia.

• 1. Introduction I. Concerns about Sharia Processes II. Why Sharia Processes Exist III. The Importance of Women’s Experiences IV. Methodology V. Significance and Outline 2. People, Procedures and Practices I. Introduction II. British Institutions and Processes A. Key Organisations, Procedures and Practices III. Canadian Institutions and Processes A. Key Organisations B. Procedures and Practices IV. Australian Institutions and Processes A. Key Organisations, Procedures and Practices V. Conclusion 3. Women’s Perspectives and Experiences I. Introduction II. Before Sharia Processes A. Family B. Professionals and Community Workers III. Reasons for Seeking a Religious Divorce A. Spiritual Motivations B. Ending Emotional Exploitation C. Closure and ‘Moving On’ D. Avoiding StigmaIV. Women’s Experiences of Sharia Processes A. Emphasis on Reconciliation B. A Lack of Skills and Training C. A Lack of Transparency D. Responding to Domestic Violence E. Acknowledgement of Injustice F. Gender Imbalance on Panels G. Re-traumatisation, Privacy and Forum-shopping H. Impact on Faith V. Conclusion 4. Imams’ Roles and Perspectives I. Introduction II. Imams’ Understanding of their Role in Reconciliation III. Imams’ Understanding of their Role in Divorce A. Role as Service-Providers and Advocates for Women B. Backlash for Carrying Out Roles in Divorce Proceedings IV. Responding to the Concerns of Women and Professionals A. The Need for Training and Resources B. Responding to Domestic Violence C. Gender Imbalance in Sharia Processes V. Conclusion 5. Outcomes of Sharia Processes I. Introduction II. Divorce Outcomes A. Summary of the Types of Islamic Divorce B. Divorce Outcomes from Sharia Processes III. Financial Outcomes A. Imams’ Limited Advisory Role in Financial Matters IV. Child Custody V. Conclusion 6. Evolution and Change I. Improving Sharia Processes A. Pre-marriage Briefing and Counselling B. Rethinking Marriage Contracts and Delegated Divorce Rights – Talaq Tafweedh C. Financial Agreements D. The Initial Stages of Sharia Processes E. Women on Panels F. Professionals on Panels G. Education and Transparency about Divorce Options and Financial EntitlementsH. Clearer Processes and Procedures I. Acknowledgement and Response to Injustice, Abuse and Harm J. Domestic Violence K. Referral and Integration of Support Services L. Sensitivity to Cultural and Linguistic Diversity M. Support and Resources for Religious Divorce N. Enhanced Role for Muslim Women’s Organisations O. Tracking the Australian Legal System II. Improving the Family Law System A. Better Enforcement of Orders against Former Partners B. Better Tailored Legal Aid C. Enhancing the Cultural Sensitivity of Mainstream Services D. Legal Recognition of the Mahr E. A Muslim Family Relationship Centre/Service: A One Stop Shop for Muslim Families III. Conclusion 7. Conclusion Appendix A: Methodology and Project Phases Appendix B: Board of Imams Victoria Marriage Contract Appendix C: Board of Imams Victoria Islamic Mediation/Reconciliation Application Appendix D: Board of Imams Islamic Divorce Application Appendix E: Lebanese Muslim Association Application Appendix F: Summary of Key Sunni Positions on Islamic Divorce Appendix G: Qatari Family Law Code

This book is a welcome addition to the existing literature on Muslims practising sharia in the West.