Sharee Council - Code of Practice

General

  • All matters will be dealt with utmost confidentiality. Therefore, the Sharee Council (SC) will not release any information or discuss the case with any third party without written authorisation from the petitioner.
  • The SC will deal with all matters expeditiously as far as possible and will always aim to provide the highest level of service.
  • The SC is an independent body which carries out decisions in light of the Quran and Sunnah, and will take all steps necessary to maintain its objectivity.
  • Avenues of reconciliation may be considered if circumstances permit.
  • The SC panel of scholars will adjudicate based on the merits and validity of the case. Therefore, it must not be assumed that every application will automatically result in terminating the marriage.
  • All steps will be taken to ensure that the English legal system is respected and not undermined. Civil divorce procedure is separate to Shariah law, and all clients are expected to abide by the civil divorce procedure and consult a legal practitioner.

The Parties

  • Both parties will be notified of the involvement of the SC.
  • The SC will deal with both parties in a non-confrontational and positive manner and expects the same in return.
  • Abuse and threats shall be reported to the Police.

Issues Relating to Children

  • The Shariah ruling is that until the child has reached maturity, he or she is to stay with the mother, however, the father has every right to visit his child, and the mother must not deny access unless there is a Court order in place. Furthermore, the maintenance of the child/children is upon the father.
  • The SC does not deal with issues regarding access to children and the parties are advised to refer the matter to the courts.

Financial Issues

  • Financial issues are outside the scope of the SC and are not dealt with.

Meetings

  • If/when the parties are invited to a meeting, the attendance of both parties is compulsory. The parties are not allowed any direct contact during the meeting.
  • If one party fails to attend and a decision is taken in their absence, the decision will be binding on both.
  • Any decision taken by the SC will be made in light of the Qur'an and Sunnah and will be explained to both parties in a simple, easy to understand manner.
  • The SC may call both parties on separate occasions if there is a legal requirement to do so.
  • Language and conduct at the meetings is expected to be non-confrontational and non- inflammatory.
  • lf both parties are present, both will be questioned according to their statement.
  • If only one party is present, the Scholars may question the party which is present further to try and ascertain the facts.
  • The Respondent is required to reply all correspondence sent to him as soon as possible. However if he decides not to cooperate, it is possible that the decision may be taken by SC in his absence once it has been established that the marriage has broken down irretrievably.

 

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