Sharia Law

Baroness Cox Excerpts

Thursday 11th December 2014 Grand Committee

[Baroness Cox (CB)]

My Lords, I congratulate my noble friend Lady Flather on initiating this debate on a very important subject. I appreciate the way in which she opened it. She did not rely on headlines but on some very substantive issues. I take the distinction made by the noble Baroness, Lady Warsi, between Sharia and Sharia law. Sharia is much wider. It contains many aspects of ways of life, including times of prayer and so on, and no one can take issue with those. However, what we are looking at today are those aspects of Sharia law which adversely affect women in this country.

I take this opportunity to raise some of the concerns that are reflected in my Private Member’s Bill, which is currently in your Lordships’ House, with particular reference to aspects of religiously-sanctioned gender discrimination and threats to the fundamental principle of liberal democracy and of one law for all. However, first I emphasise my primary and fundamental commitment to the essential freedom: freedom of religion and belief, as enshrined in Article 18 of the Universal Declaration of Human Rights. I do so as a vice-chair of the All-Party Parliamentary Group on International Freedom of Religion or Belief.

There may be various institutions and aspects of different faith traditions which embody gender discrimination, both in policies and practices. If women are aware of the implications of these discriminations, make an informed choice and are happy to accept these provisions then they have every right to do so. However, where women and girls involuntarily suffer as a result of such policies and practices, this should be a matter of concern in a country committed to the eradication of unacceptable gender discrimination and the promotion of gender equality.

The concerns that I will highlight in this debate are associated with the fundamental tenets inherent in many interpretations of Sharia law, which are inherently discriminatory with regard to provisions for men and women. The establishment of Sharia courts or councils in this country has promoted the application of such gender-discriminatory provisions in ways which are currently causing considerable distress for many women. I am not relying on headlines but on talking to Muslim women and their organisations.

These provisions include unequal access to divorce. As has already been said, in many situations a husband can obtain a divorce merely by saying “I divorce you” three times. Women, on the other hand, have to obtain permission from a religious authority, often a Sharia council or court, and they may have to pay and fulfil other conditions. Sometimes their husbands will not give them money, so they are trapped in the marriage. One Muslim lady described to me how, in theory, she knew she could obtain a divorce. However, she had to pay for it and, as she could not obtain the money—her husband would not give it to her—she felt as though she was in a room with an open door to freedom, but tied to a chair so that she could not walk out of that door to enjoy that freedom. Conversely, the husband usually does not have to pay anything to obtain his divorce.

Another lady, a devout Muslim, described how her husband had divorced her. When she asked her imam for a divorce, he told her that she must bring her marriage certificate, but this was in her husband’s possession. When she asked for it, he told her that it was with his family, back in their country of origin. When her family there went to his family to ask for the certificate, they beat her younger brother because she was bringing shame on the family by asking for a divorce. She is a devout Muslim, so she will not remarry without a religiously-sanctioned divorce. She is trapped and, several years later, still very lonely in this country. When I asked an imam from a major mosque why a man does not have to pay, and indicated that it takes two people to divorce, I never received a reply.

Another problem for many Muslim women is their lack of knowledge regarding the implications of having only a religious marriage, without an accompanying legally registered civil marriage. This leaves them and their children without any rights in law if they are divorced. Many say that they are not told that their religious marriage does not simultaneously provide for a legal marriage, while others say that their husbands-to-be and/or the families discourage them from obtaining a legal marriage. Of course, this leaves the husband free to practise polygamy without breaking the law against bigamy. Another aspect of gender discrimination which often applies in the practice of Sharia law relates to polygamy. A husband is entitled to take up to four wives, provided he takes responsibility for making appropriate provision for them all.

[Baroness Warsi]

May I ask a question?

[Baroness Cox]

No, I am sorry; this is a timed debate. If I have time at the end, I will answer.

In many Muslim communities in this country polygamy is commonplace, although in this nation bigamy is legally forbidden. A report written by a courageous Muslim woman named Habiba Jaan, Equal and Free? 50 Muslim Women’s Experiences of Marriage in Britain Today, has just been published. In this report, Habiba describes the marital situation of 50 Muslim women in the West Midlands. Two-thirds of those who are married are in polygamous marriages. Some say that they did not know that they were a second or third wife when they were married. Of these, almost all said that their husbands fail to provide them with financial support, in contravention of Islamic teaching. Many of these women are desperately unhappy.

A related aspect of these practices of polygamy and unequal access to divorce is the number of children which one man may have. Several Muslim women have told me that men in their communities may each have up to 20 children. This clearly paves the way for children to grow up in dysfunctional families. Those children may become very vulnerable to disaffection, marginalisation and potential radicalisation.

My Private Member’s Bill, the Arbitration and Mediation Services (Equality) Bill, seeks to address some of these problems by trying to ensure that women know their rights under law in this country, as well as by providing more protection for victims of domestic violence and outlawing the operation of quasi-legal courts. In another initiative last year, I moved an amendment to what was then the Anti-social Behaviour, Crime and Policing Bill. This would have made it a requirement for the celebrant of any religious marriage which does not also provide for a legally registered marriage to ensure that both parties to the marriage are aware of the implications of that. The importance of a legal marriage was also alluded to by the noble Baroness, Lady Warsi. For some reason which I fail to understand, the Government did not accept that amendment.

The heart-wrenching, award-winning documentary film “Banaz: A Love Story” depicts the true story of a young girl who was murdered by men in her family for bringing what they saw as shame on the family. A disturbing aspect of that film was the failure of the police to provide protection for Banaz, despite her having made several visits to the police station to seek help. The Government do not support my Private Member’s Bill or my amendment, on the grounds that they are unnecessary because every citizen in this country ostensibly has access to the law of our land. However, this implies that every citizen knows their rights, and this is clearly not the case. It also ignores the reality that many closed communities can put a great deal of pressure on families and individuals not to bring what they deem to be shame on the community.

The chasm between the Government’s de jure position and the de facto reality for so many women and girls in this country today is resulting in widespread suffering, intimidation and such gender discrimination as would make the suffragettes turn in their graves. I hope that in the Palace of Westminster, where there are memorials to those suffragettes for their achievements in obtaining votes for women at a very high price, our modern-day Parliament will not betray their sacrifices or their achievements. While respecting freedom of religion and cultural diversity, I do not believe that we should allow that freedom to override the law of our land or to deny women the knowledge of their rights and their freedom—genuine freedom—to access those rights. At present, we are looking the other way while many women are suffering in our country. That is documented by Muslim women, not by headlines I have read. We have responsibility in our country to protect and promote fundamental freedoms and gender equality. At the moment, we are seriously failing to do so.

[Baroness Warsi]

Perhaps I may come back on one issue that the noble Baroness raised. Does she accept that if we simply recognised a Muslim marriage—a nikah—as a legal marriage, it would deal with all the issues that she has raised today?

[Baroness Cox]

I thank the noble Baroness because that is just the point that I was making. It is more than the point I was making, because I have been told that that has not been deemed acceptable at the moment. We have raised it in many discussions and I would strongly support the noble Baroness, Lady Warsi, if that could be accepted. The related point that I raised in my speech is that if any religious marriage—I am not talking only about Islamic marriages—does not bring in at the same time a legally registered marriage, the woman ought at least to know the implications of not having a legally registered marriage. At the moment, they do not even know. They are often told by their families that it is a legally registered marriage or think that if it is carried out in the UK, it will bring a legally registered marriage. At the moment, they are in a state of ignorance. The amendment that I moved would go one step towards remedying that situation so that they would at least know. They would not necessarily have freedom of choice because of the pressures put on them by families and local communities, but it would be one step. If the suggestion of the noble Baroness, Lady Warsi, were to become an amendment I would support it wholeheartedly.