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Title: The application of Islamic Shari'ah to the Muslim minority living in the UK : a comparative study on family mediation between English law and faith-based med-arb at Shari'ah councils
Author: Cusairi, Rafidah Binti Mohamad
Awarding Body: Glasgow Caledonian University
Current Institution: Glasgow Caledonian University
Date of Award: 2013
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The thesis aims to explore the resolution of family disputes among the Muslim community in the UK. It examines in particular the application of faith-based med arb currently applied at Muslim religious bodies, Shari'ah Councils and the mediation provided by state mediation bodies under English law. To achieve this, the English statutory provisions, rules and regulations with regard to mediation are analysed. A particular focus is paid to government efforts and judiciary approaches towards encouraging the use of ADR (Alternative Dispute Resolution) methods to resolve disputes and achieve mutual agreement following a divorce. Selected Shari'ah Councils were visited during fieldwork to investigate and observe their operation, the procedure of the issuance of religious divorce and the application of med-arb in the process. This study is therefore conducted based on and with reference to the Islamic law method of med-arb (tahkim).
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available