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UK: Sharia law ‘takeover’ claims are unfounded and ignorant of the legacy of British colonialism
Every few years, a familiar anxiety resurfaces in British public discourse: that sharia law is establishing a parallel legal system and threatening the sovereignty of English law. Those fears were reignited following Donald Trump's recent speech to the UN, where he claimed that London wants “ to go to sharia law”.
Such claims ignore two realities. First, that the English legal system is adaptive and capable of accommodating diversity. And second, that having multiple legal systems is – far from undermining British law – an inevitable legacy of Britain's colonial history. Looking to that history, it should be no surprise that it is a feature of modern, multicultural Britain.
My research shows how British colonial administrators deliberately designed plural legal systems to sustain imperial rule. The colonial state recognised that it could not rule diverse populations by imposing English law on multicultural societies.
In northern Nigeria, this approach became a defining feature of colonial governance. English law operated alongside Islamic courts, which handled family disputes and aspects of land tenure. Allowing limited autonomy for Africans under sharia was both a pragmatic and political strategy. It maintained local legitimacy while ensuring that English law remained supreme in cases of conflict.
A similar arrangement existed in British India. This legacy continues to shape how law functions in postcolonial, multicultural Britain today.
There is no separate sharia legal system in the UK. What exist are sharia councils and the Muslim Arbitration Tribunal. The sharia councils have no statutory authority under English law. They may be used to resolve personal disputes such as marriage, divorce and inheritance.
The Muslim Arbitration Tribunal, in existence since the early 2000s, operates under the Arbitration Act 1996. This law allows private arbitration between consenting adults in civil disputes. But such tribunals must operate within the boundaries of English law.
Sharia councils have a slightly longer history, dating back to the 1980s. Their number and activities are difficult to track: in 2009, rightwing thinktank Civitas approximated at least 85, while a 2012 study by a researcher at the University of Reading identified 30.
No comprehensive survey has been conducted since, leaving the exact number uncertain. This lack of official oversight fuels the perception that the councils pose a challenge to Britain's legal sovereignty.
But, as a 2018 Home Office review confirmed, sharia councils hold no legal jurisdiction in England and Wales.
The review did acknowledge concerns raised by women's rights groups about gender inequality and lack of representation of women in some councils. It concluded that these issues called for better regulation and oversight, and that the “state would be justified in intervening” in bad practices by sharia councils that disadvantage women.
It also found that public fears are fuelled by misleading terms, used in both the media and sometimes by councils themselves. For example, referring to the councils as “courts” and their members as “judges” reinforces misconceptions about the existence of a parallel legal system.
English law is capable of accommodating and regulating diverse legal practices without losing its sovereignty. Besides sharia councils, other faith-based arbitration bodies exist in Britain.
The Beth Din courts, for example, serve the Jewish community, offering guidance on issues of marriage and divorce. While they cannot compel a divorce, they can encourage or persuade a 6husband to grant a religious divorce certificate.
The Roman Catholic Church, which complies with the Marriage Act 1949, operates its own tribunals to consider annulments under canon law. None of these institutions undermine the authority of English courts.
The same applies to sharia councils. Participation is voluntary: individuals choose to use these forums, often to resolve family or inheritance matters in line with their faith. English civil courts remain fully available to them.
Following concerns about the protection of women's rights in the councils, the 2018 Home Office review recommended stronger safeguards. These include requiring civil registration of marriages, greater transparency in decision-making, and education about legal rights.
The review found that nearly all users of the sharia councils were women, with over 90% seeking an Islamic divorce. Many were unable to obtain a civil divorce because their marriages had never been registered under English law, leaving them without legal recourse in the civil legal system.
The review stressed that its proposed safeguards were designed to protect vulnerable women, rather than suppress or prohibit sharia councils from operating. This recognises that the demand for religious divorce will continue regardless of sharia prohibition.
The UK government accepted the review's findings but has not established a regulatory body. This suggests that most safeguards are currently dependent on voluntary good practice within the councils.
In a postcolonial, multifaith society like Britain, legal pluralism is not a sign of a fragmented legal sovereignty – it's an acknowledgement of social reality. The persistence of sharia in modern Britain reflects a society still negotiating how to govern cultural and religious difference through law, as the empire once did.
Other postcolonial societies have accepted this. In India, different personal law systems for Hindus, Muslims and Christians coexist under one constitution. There is an ongoing debate in the country about how to balance faith-based identity with the rights guaranteed by the secular state.
The same question now faces Britain. The challenge is not whether to recognise the arbitrating powers of sharia councils, but how to regulate them fairly – ensuring that every citizen, regardless of faith, can exercise their rights within the boundaries of English law.
Femi Owolade is Research Associate, Sheffield Hallam University.
This article was first published on The Conversation.
Source: Scroll
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