Islamic Divorce - Why instruct a Law firm

"Islamic Divorce" and "Sharia Council" are two words which are often linked together. In fact many Muslim women who require an Islamic divorce automatically assume that the Sharia Council is the "go to" place for a fair and clear divorce process.  But this isn't always the case.

It is important to recognise that Sharia Councils are not regulated under English law. In fact the Home Office recently refused proposals to regulate Sharia Councils due to the fact that Sharia Law has no jurisdiction in the UK.

So what does this mean?

Not being regulated means complaints about the Sharia Council are extremely common.

There have been many reports of Sharia Panels being highly dominated by members who pay little to no attention to the rights of the women applicants.

This leads to women being treated unfairly and sometimes being rejected their divorce for no proper reason at all.

Why is instructing a law firm is beneficial?

The answer is simple, law firms are regulated.

This means lawyers are bound by a duty of care to all clients. Therefore every action carried out by a lawyer must be done in the best interests of the client. This reduces the risk of client’s being treated unfairly or taken advantage off.

You may now be wondering how a law firm can help Muslim applicants with an Islamic divorce? - Especially considering Islamic divorces aren't legal.

This is why it's important to highlight that Law firms do actually work closely with a number of selected Sharia Councils.

The selected Sharia Councils are usually vetted by a law firm to ensure the standard of service provided is in line with the expectations and regulations of a UK law firm. 

Integrity is a key point. The obligation to be honest and maintain strong moral principles means that it is very unlikely that a legal representative will allow the Sharia Panel to impose an unfair decision on their client. Instead they will be under a duty to challenge any wrongful decisions that may be made by the Sharia Panel

Law firm’s also have to ensure staff members do not allow their independence to be compromised. Therefore there is little risk that an applicant’s case will be subjected to undue influence from third parties.

Call 0113 320 5000 to find out more, or email sir@winstonsolicitors.co.uk.

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