Sharia divorces could become legal

A Jewish couple have been allowed to agree their divorce settlement in a religious court in a landmark ruling which could also pave the way for marriages to be ended under Sharia law.

Legal experts said the London case would have far-reaching consequences, while the Muslim Council of Britain welcomed the judgment, saying: “If it leads to eventual acceptance of Sharia court divorces, then Muslims will be very encouraged.”

The case involved an Orthodox Jewish couple in their twenties who married in 2006 and initially lived in Israel. They returned to London for the birth of their first child and parted in 2009, shortly after the birth of their second.

Disputes over access to the children involved the Family Division of the High Court. The couple then asked Mr Justice Baker for permission to have their case referred to a senior rabbi in New York so he could rule under Beth Din rabbinical law. After ruling that the principles of Beth Din were in line with English law, the judge agreed, saying: “The parties’ devout beliefs have been respected.

“The outcome was in keeping with English law, whilst achieved by a process rooted in Jewish culture.” The couple reached a settlement last year but the High Court released its judgment this week. James Stewart, a partner with the law firm who represented the woman, said: “There’s no doubt this opens things up. This is the first occasion that a family court has delegated some of its authority to a religious court for arbitration.

“I believe the Islamic courts would be afforded similar courtesy and respect if a Muslim husband and wife wished to have their issues referred from the courts to the Sharia courts.”

In his ruling, the judge cited a 2008 speech by the former Archbishop of Canterbury, Dr Rowan Williams, in which he said: “Citizenship in a secular society should not necessitate the abandoning of religious discipline.”

But the judge made clear that the Beth Din ruling was not legally binding and had to be approved by the High Court.

An estimated 85 Sharia councils operate in Britain, dispensing judgments on cases including divorces according to religious law, but the rulings are not legally binding. Last year a doctor was forced to pay his ex-wife maintenance, despite trying to claim he wasn’t obliged to under Sharia law.