London, UK - Opponents of Sharia have long complained that it involves an inherent bias against women and treats them as second-rate citizens.
For visitors to the Islamic Sharia court in Leyton, East London, all it takes is a glance at the wall of the reception to shatter any remaining illusions of equality. A flow chart outlines the process of obtaining an Islamic divorce. The left side of the chart, depicting the procedure for a man, is relatively simple: all he must do is tell his wife that he is seeking a dissolution, or talaq. The right side with its series of converging lines depicts the much more complex process for women, known as khul’a.
A woman will not be allowed to divorce without the permission of either her husband or an imam or scholar who oversees the process. She must make a solid case for separation, such as abuse by her husband — and her word must often be corroborated.
She must attend a series of meetings at the sharia council to exhaust all possibilities of reconciliation, although the Leyton council’s leading scholar, Sheikh Suhaib Hasan, says that no woman will be forced to stay with her husband if life together has become unbearable.
The husband is given several chances to respond to his wife’s claims before a final decision is made by scholars. If the husband still refuses a dissolution, imams may grant one, but it is by no means certain. Many of the women in the waiting room look nervous. Under the watchful eye of her father, Anita, in her early twenties, says she cannot wait to get rid of her husband. “We married too young, only lasted nine months,” she said. “I’m hoping this will be a quick process because I just can’t stand it any more.”
Another couple, in their 30s, are attending a meeting with Dr Hasan. He later explains that the wife sought a divorce after her husband denied that their newborn child was his. The wife is told that she will only be granted an Islamic divorce once she agrees to a contact order. Dr Hasan says: “The child should know his father.”
Dr Hasan denies that the process is biased. “The woman has the right to ask for divorce for any substantial reasons. We are not going to make it difficult. As long as you can’t be together amiably, then you should divorce.”