By Mark Durie
In 2008, the then Archbishop of Canterbury, Rowan Williams, and Nicholas Phillips, Lord Chief Justice of England and Wales, both suggested that the UK could consider, in Lord Phillips’s words, “embracing Sharia law” because “there is no reason why Sharia Law, or any other religious code should not be the basis for mediation or other forms of alternative dispute resolution”. Williams commented: “it’s not as if we’re bringing in an alien and rival system”.
However, two recent widely reported cases of marriage between Muslim men and under-age girls raise troubling questions about these assumptions. One case in New South Wales where an imam married a twelve-year-old girl to a twenty-six-year-old man with her father’s consent is before the court.
In another case involving a custody battle, however, a judgment has been made that questions the way Western jurisdictions interact with sharia marriage regulations, specifically in relation to the widespread practice of conducting private, unregistered religious marriages. A Sydney Muslim girl aged fourteen was forced by her parents to become the child “bride” of a twenty-one-year-old man. Her mother had told her she would “get to attend theme parks and movies and eat lollies and ice-cream with her new husband”. Instead she endured years of sexual and physical abuse and intimidation before fleeing with her young daughter. Her story only saw the light of day ten years after her wedding when she pursued custody of her daughter through the courts.
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This “marriage” was never registered with the state: it would have been impossible to do so because the girl was too young to marry under Australian law. A particularly troubling aspect of her story is that she reported her predicament to her school teacher, who under Australian law was a mandatory reporter of child sex abuse, but it seems no report was made, and no intervention attempted.
Read more: Middle East Forum
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