Maintaining a faith community: the role of the law: Arts and Humanities Research Council - Connected Communities Discussion Paper

Following the statement by the Archbishop of Canterbury that it was “inevitable” that elements of the Muslim law would be incorporated into British legislation, the aim of the project was to provide an overview of the current state of the debate in the UK on the relationship between community-based law and state law, with reference to both the Muslim and Jewish communities. It then compared selected elements of that relationship with the position in France. Emerging foci of the research were the regulation of marriages; the relationship between local community-based dispute resolution mechanisms and foreign legal proceedings; and the scope of arbitration in family disputes.

Noting the changes in communities over time, and the complex relationship between community and religion we suggest that it is inappropriate for there to be a formal legal relationship between community-based laws and the state legal system. Possible simplification of the rules on marriage, greater awareness of the transnational strategies being employed by community members in relation to marriage and divorce, and a possible role for arbitration of family disputes under fair procedural rules are recommended as avenues for further research, the objective being to assist individuals in navigating a course through their community commitments, and where appropriate resolving disputes in accordance with their commitment to a faith or tradition.