Background to the Study

Abstract

In Britain today we have seen the emergence of community and family reconciliation/mediation mechanisms that seek to resolve matrimonial disputes outside both the traditional framework of state law and in conjunction with state-law mechanisms. For example, the work of Shah-Kazemi (2001) and Bano (2007) illustrates the emergence of Shari’ah councils operating within diasporic Muslim communities that act as ADR mechanisms to resolve matrimonial disputes within the family, home and local communities. This development has been followed by the emergence of the Muslim Arbitration Tribunal (hereinafter referred to as MAT) which operates as a civil law mechanism under the auspices of the Arbitration Act 1996 to produce decisions that may be enforced and relied upon in the civil courts. Therefore in Britain today, we currently have a three-tier approach to resolving matrimonial disputes: state civil law procedure, unofficial community mechanisms (Shari’ah councils) and the new Muslim Arbitration Tribunal.