Muslim Arbitration Tribunals undermine women’s rights

Posted on October 23, 2008
Filed Under England, Faith, Legal Police | Comments Off

Letter to the Birmingham Post from Imkaan

I write with grave concern about the development of Muslim Arbitration Tribunals (MAT). The purpose of these courts seem extremely worrying as it is evidential that traditional Sharia law does not meet the contemporary needs and rights of women, certainly not in relation to domestic violence, marriage and (post) divorce.

For example, in some Muslim countries, rape is evidenced “if there are four adult, pious, male, Muslim witnesses to the act of penetration”. Four female witnesses are not sufficient! Clearly the impossibility of this evidence leaves many women abused and silenced. In Britain MAT will further serve to undermine women’s constitutional rights should we wish to access a non-Sharia pathway to settle disputes related to marriage and the family, it is crucial that the civil law of the country should not be destabilised by what MAT is advocating.

Religious law, used without due regard to the relative powerlessness of women and children in society and without proper and transparent monitoring can be and is used to strengthen and extend the control and abuse perpetrated by individuals.

Any form of arbitration, conciliation or mediation in cases of abuse from partner or relative is dangerous and inappropriate. It is not recommended by the UK’s Black, Asian, Minority Ethnic and Refugee domestic violence sector which has over 35 years of experience in domestic violence and forced marriage cases. There are no guarantees from MAT that in cases involving abuse and violence towards women that the victim is supported independently, sensitively and appropriately, that she will be given information in a way that she understands and be sign-posted to appropriate services.

There is also no guarantee that cases of domestic violence are immediately forwarded to the police and CPS, only that they ‘may’ be. Furthermore, there appear to be no monitoring systems in place regarding the work done by MAT, in particular and most urgently, following up what has happened to the victims of domestic violence once perpetrators have completed the course of anger management (if indeed, they have attended?) recommended by the tribunal.

The overall approach of MAT with regards to abuse and control issues in domestic violence cases during tribunal appears to be neutral to the point of complete passivity and this critically begs the question of their suitability and experience for working with these sorts of specialist cases.

The organisation that I work with, Imkaan (a National second tier organisation working with refuges and Domestic Violence Projects) is not aware that any member groups were involved during regional consultation events in Manchester, Bradford, Birmingham and Nuneaton even though there are member groups in each of these areas.

Imkaan members are now calling for an investigation of these developments as they are deeply rooted in a patriarchal bias in addressing matters related to gender equality and seek support to stop this so-called “viable alternative” becoming available as it does not offer women self-determination or choice in exercising their fundamental human rights as victims/survivors of forced marriage and Domestic Violence.

On a personal note, as a member of the Muslim community I cannot condone the development of such a draconian measure that will without doubt further exacerbate and drive underground the issue of violence against women.

Anjum Ahmed-Mouj, Imkaan.

http://www.birminghampost.net/comment/letters-to-the-editor/2008/09/29/organisation-must-be-helped-to-bring-about-democratic-change-65233-21923755/

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