Family issues can arise in any number of ways. One of the most common problems in the Muslim community in this country is the request for a talaq divorce by the wife. She can obviously get a divorce in the civil courts but her husband may continue to deny her the religious divorce. As a result she may feel unable to re-marry because the community still regard her as being married. This is known in the legal field as a “limping marriage”. It is considered by many scholars that the Islamic marriage terminates along with the divorce in the civil courts, but some members of the public are unaware of this. MAT, along with other religious organisations in the UK, can grant a talaq to finish the limping marriage.
Another example is the question of forced marriages. Parliament is going to deal with this by providing new powers to the civil courts through the Forced Marriages Act. Where a forced marriage has taken place, courts would be able to make orders to protect the victim and help remove them from that situation. Furthermore, courts would be able to attach powers of arrest to orders so that if someone breaches an order they could be arrested and brought back to the original court to consider the alleged breach. The new law would enable county courts to hear forced marriage cases which can presently only be heard by the High Court. By coming to MAT, you will be able to get an Islamic decision quickly and cheaply, and use it as evidence before the civil court when seeking other remedies.
MAT is unable to deal with criminal offences as we do not have jurisdiction to try such matters in the UK. However where there are criminal charges such as assault within the context of domestic violence, the parties will be able ask MAT to assist in reaching reconciliation which is observed and approved by MAT as an independent organisation. The terms of such a reconciliation can then be passed by MAT on to the Crown Prosecution Service (CPS) though the local Police Domestic Violence Liaison Officers with a view to reconsidering the criminal charges. Note that the final decision to prosecute always remains with the CPS.