Decisions made under Islamic sharia law can be accepted by English and Welsh family courts, a minister has confirmed.Sharia, a set of principles governing the way many Muslims believe they should live, is not legally binding.
But rulings passed on separating couples by a sharia council can be "rubber stamped" by the courts, said justice minister Bridget Prentice.
Conservatives argue that parallel legal systems have "no place" in the country.
Critics fear women could be disadvantaged by sharia processes, which they say traditionally favour men.
Ms Prentice clarified the situation in a written answer to MPs, stressing that English family law would still apply.
She said parties in a dispute dealing with money or children could draft a consent order embodying the terms of the sharia judgement for submission to a formal court.
It is vital that in matrimonial disputes where a sharia council is involved - women's rights are protected and judgments are non-binding. Nick Herbert Shadow justice secretary
"This allows English judges to scrutinise it to ensure that it complies with English legal tenets," said Ms Prentice.
She said parties in a dispute dealing with money or children could draft a consent order embodying the terms of the sharia judgement for submission to a formal court.
It is vital that in matrimonial disputes where a sharia council is involved - women's rights are protected and judgments are non-binding. Nick Herbert Shadow justice secretary
"This allows English judges to scrutinise it to ensure that it complies with English legal tenets," said Ms Prentice.
The court can approve the order - creating a legal contract - if it decides the agreement is fair.
However, if it is unhappy with the consent order, the court may ask for more information or for the couple to attend a hearing.
Shadow justice secretary Nick Herbert said: "There can be no place for parallel legal systems in our country.
"It is right that agreements decided privately in family cases must be authorised by a judge applying English law if they are to have any legal effect.
However, if it is unhappy with the consent order, the court may ask for more information or for the couple to attend a hearing.
Shadow justice secretary Nick Herbert said: "There can be no place for parallel legal systems in our country.
"It is right that agreements decided privately in family cases must be authorised by a judge applying English law if they are to have any legal effect.
"It is vital that in matrimonial disputes where a sharia council is involved, women's rights are protected and judgments are non-binding."
Controversy over sharia law flared in February when the Archbishop of Canterbury claimed the adoption of some aspects of Islamic sharia law in the UK seemed "unavoidable".
Dr Rowan Williams suggested that sharia could play a role in "aspects of marital law, the regulation of financial transactions and authorised structures of mediation and conflict resolution".
Controversy over sharia law flared in February when the Archbishop of Canterbury claimed the adoption of some aspects of Islamic sharia law in the UK seemed "unavoidable".
Dr Rowan Williams suggested that sharia could play a role in "aspects of marital law, the regulation of financial transactions and authorised structures of mediation and conflict resolution".
Lord Chief Justice Lord Phillips, the most senior judge in England and Wales, later said there was no reason sharia law's principles could not be used in mediation.
A spokeswoman for the Ministry of Justice said: "Sharia law has no jurisdiction in England and Wales and the government has no intention to change this position."
Communities had the option to use religious courts, although their decisions were subject to national law and there may be "incompatibilities" between English and religious law, she said.
"Any member of any community should know that they have the right to refer to an English court at any point, particularly in the event that they feel pressured or coerced to resolve an issue in a way with which they feel uncomfortable," the spokeswoman added.
Why Sharia Law must be Opposed
A spokeswoman for the Ministry of Justice said: "Sharia law has no jurisdiction in England and Wales and the government has no intention to change this position."
Communities had the option to use religious courts, although their decisions were subject to national law and there may be "incompatibilities" between English and religious law, she said.
"Any member of any community should know that they have the right to refer to an English court at any point, particularly in the event that they feel pressured or coerced to resolve an issue in a way with which they feel uncomfortable," the spokeswoman added.
Why Sharia Law must be Opposed
More on this story. "Sharia rulings on divorces and disputes to be rubber-stamped by English courts," by Chris Hastings for the Telegraph, October 25:
A Government decision to allow Islamic courts in Britain the right to rule on family disputes and divorces has been condemned as discriminatory to women.
Civil rights campaigners are angry that ministers have approved plans to allow Sharia councils in Britain the right to settle disputes regarding money, property and access to children.
They say such tribunals are institutions for male domination which treat women like second-class citizens.
Couples who choose to use the Sharia system must get the ruling rubber-stamped by a judge sitting in an ordinary family court.
But neither party has to attend this hearing and approval can be obtained by filling in a two-page application.
But neither party has to attend this hearing and approval can be obtained by filling in a two-page application.
The endorsement of Sharia was announced to MPs by Bridget Prentice, a junior minister, in answer to a parliamentary question.
She said Sharia councils would still have no jurisdiction in England, and rulings by religious authorities would have no legal force.
But she added: "If, in a family dispute dealing with money or children, the parties to a judgement in Sharia council wish to have this recognised by English authorities, they are at liberty to draft a consent order embodying the terms of the agreement and submit it to an English court. This allows English judges to scrutinise it to ensure that it complies with English legal tenets."
Campaigners condemned the plans as unacceptable and said that the rulings were not compatible with English law, while the Conservatives insisted that should be safeguards for women.
Campaigners condemned the plans as unacceptable and said that the rulings were not compatible with English law, while the Conservatives insisted that should be safeguards for women.
Nick Herbert, the shadow justice secretary, said: "There can be no place for parallel legal systems in our country."It is vital that in matrimonial disputes where a Sharia council is involved, women's rights are protected and judgments are non-binding."
Another Conservative spokesman, Paul Goodman, the shadow minister for communities and local government, accused the Government of keeping the public in the dark and warned: "There must be one British law for everyone."
Dr David Green, the Director of the Civitas think tank, said: "I think there are a number of problems with regards to Sharia law. These Sharia councils are supposed to operate under the Arbitration Act which allows citizens in a free society to settle their disputes on a voluntary basis if they so wish.
"But that legislation assumes that both parts are regarded as being equal. I think the problem is with tribunals like these you can't always be sure that women would be treated equally.
"But that legislation assumes that both parts are regarded as being equal. I think the problem is with tribunals like these you can't always be sure that women would be treated equally.
"Under Islam a man can divorce a woman just by saying I divorce you three times. But a woman must go to a Sharia court to seek a divorce. Often the ruling goes in favour of the woman, but I think on the whole these councils are institutions for male domination. As a result I do not believe these rulings and proceedings should be recognised under British law.
"Under the traditions of Sharia law the voice of a women is not equal to that of a man."...
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