Sharia divorce cases

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A recent High Court decision could open up the way for couples to refer a divorce dispute to a religious court to be settled.

This could be particularly encouraging for Muslims who wish to have issues referred from the courts to the Sharia courts to seek a resolution that encompasses their cultural beliefs.

This landmark case is thought to be the first in British legal history to make such a referral where an English family judge agreed to refer a divorce dispute under Beth Din, rabbinical law, to the appropriate religious court.

The divorce settlement subsequently reached has been approved by the High Court where Mr Justice Baker considered the principles used by the Beth Din were in line with the laws in England and Wales.

Our Family team comments: "This could potentially be a really positive shift for Sharia divorce cases whereby due respect is given to parties' beliefs and cultures whilst keeping in line with English law. This is a modern approach adopted by Mr Justice Baker who has taken on board the reality of the multicultural society we live in today."