A green paper by Sajid Javid was published today which states that an imam who participates in a shariah-compliant religious ceremony (Nikah) can face prosecution if he does not ensure the couple has already registered their marriage legally beforehand or on the same day of the Nikah. Theresa May’s independent report published earlier this month recorded a proposal to do so, “by amending the Marriage Act 1949 so that the celebrant of any marriage such as an imam, would face penalties for failing to ensure that the wedding was civilly registered”. Christian and Jewish weddings have similar conditions.

The change would mean access for women to apply for a divorce to British courts, instead of relying on the shariah council to grant them a divorce. Statistics suggest that out of the 2.7 million Muslims in the UK, 4.4 percent of the population have not legally married, as their unions have not been registered, 100,000 Muslim women who have had their Nikah, have not registered their marriages. This development has occurred, as a result of an integration report by former civil servant Dame Louise Casey, who said that the Shariah council was being used to marginalise Muslim women, particularly in Bangladeshi and Pakistani communities.

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Dame Louise’s report published in 2016,  reflects that the shariah council are, “operating a parallel legal system that denied women and children access to their rights.” As well as supporting values that were deemed extremist such as the condoning of beating, allowing forced marriage, and ignoring marital rape.” The government claims to introduce training sessions for faith leaders to ensure their participation in Muslim issues are within an alignment of British culture and values and hope to “empower marginalised women.”

Theresa May’s independent review last month found between 35 and 80 Sharia councils were made up of Islamic scholars, making decisions about divorce for women, even though they had no legal standing to do so. The Home office until now has resisted imposing regulation on Shariah councils, however, this seems to be subject to change.