A code of practice for Sharia councils: what good practice looks like

Many Muslims in Britain turn to a Sharia council when a marriage ends. Some councils serve them well; others do not. There is still no common standard. This is what we believe good practice requires, and how it can be achieved without the state regulating religion.

Why a standard is needed

In 2018 the Home Office’s independent review into the application of Sharia law in England and Wales found good practice alongside poor and discriminatory practice. This included women being pressed to make concessions to obtain a religious divorce. It recommended a code of practice for Sharia councils to accept and follow.

The Government decided that the state should not create or endorse such a scheme, on the basis that it could add to the perception of a parallel legal system. The need the review identified remains. No independent body has since set a standard that councils, mosques and families can rely on.

A standard does not give Sharia councils legal power. It gives the people who use them protection.

What good practice should require

In our view, any organisation that helps Muslims with religious marriage or divorce should meet at least these requirements:

• Safeguarding first. Screening for abuse and risk at the first contact, a named safeguarding lead, and a safe way to contact the applicant.
• Women on decision-making panels. Every panel that decides a divorce should include a woman.
• Informed consent. Applicants should understand the process, the possible outcomes and any cost before anything starts.
• No pressure to reconcile. Mediation should never be required where there has been abuse or fear.
• Fairness on the mahr. No applicant should be pressed to give up what she is owed as the price of a religious divorce.
• Civil law first. Every applicant should be told whether she also needs a civil divorce, and matters about children, money or safety should be referred to the family courts or the police.
• Written records and reasons. Clear records of each step, and written reasons for each decision.
• Transparency. Published fees, a published process and an independent complaints route.
• Data protection and equality. Compliance with UK data protection law and with equality law.

How it can work without state regulation

Professional bodies in England and Wales already publish practice guidance and run accreditation schemes, so that the public can see who meets a recognised standard. The same approach can work for Islamic practice. An independent standard would be written and reviewed by Islamic scholars, academic researchers and English lawyers together. Organisations that meet it would be accredited and listed publicly.

This keeps religious bodies voluntary and independent, keeps English law supreme, and gives families, courts and public bodies a clear way to tell good practice from bad.

What LawFiq is doing

LawFiq is developing the LawFiq Standard on these principles. The work brings together Shaykh Saad Al-Dhafiri (trained at Al-Masjid an-Nabawi, Madinah), Dr Hafiz M. Siddique (postdoctoral research, University of Oxford) and English lawyers. We responded to the 2026 consultation on weddings law. We offer policy advice, evidence and training to government, the courts and public bodies. Read more about what we are building.

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