Legal Pluralisms, Legal Border Zones: Shar'ia Law and Trans-Jurisdictional Migration in the United Kingdom

Abstract

The Shar’ia councils began as an informally operated arena for mediating and resolving familial disputes in accordance with Shar'ia law. This changed in 2008, when an application of the 1996 Arbitration Act allowed the Shar’ia councils’ decisions to become legally binding. In this paper, I will discuss new possibilities for the conceiving of this legally pluralistic field in terms of a jurisdictional border zone, wherein legal agents engage in trans-jurisdictional migration in pursuit of the best outcome. Framing the Shar’ia councils in this light can uncover the ways in which British Muslims have been strongly incentivized to turn to the Shar'ia councils while engaging in forum-shopping and trans-jurisdictional border crossing in pursuit of the best outcome.

Keywords: Shar'ia law, England, United Kingdom, Muslims, arbitration, women, divorce, British Muslims

JEL Classification: K34, K00, J78, H73, D74