Islámské rodinné právo šaría ve Velké Británii

Abstract

Muslims in Great Britain present a significant minority – about 4 % – 4,6 %. Most of British Muslims are Pakistani origin and they follow the fundamental concept of Pakistani Islamic law. Islamic family law was applied unofficially within Muslim community in Britain, officially was recognized British state law. Arbitration Act 1996 enabled the arbitration as a form of alternative dispute resolution and Muslim sharia tribunals were admitted as official arbitral tribunals. 19 sharia tribunals have been working officially so far. They are empowered to resolve cases in areas of family and inheritance law. The most common case is divorce, especially divorce initiated by woman. Sharia tribunals in Britain follow views of Hanafi madhab but in the question of custody they prefer Maliki madhab. Official operation of sharia tribunals has aroused great controversy among the public.