Case Study

Nasrin’s story: ‘...the consequences could have been life threatening’

Nasrin’s story has been shared by Rizwana, a service provider from the organisation Refuge.

Nasrin applied to Dewsbury Sharia Council to obtain an Islamic divorce, which took a number of months to obtain. The total cost of the divorce was £180.

We sent the completed Sharia divorce application to the Sharia Council. A few weeks later we received a letter from the Sharia Council informing Nasrin that a copy of her application form had been sent to her husband. Nasrin was not informed by the Sharia Council that her application form would be sent to her husband. Fortunately, Nasrin did not disclose her address on the application form. Nasrin was in fear of her life and lived in a secret location to ensure that she had no contact with her husband. Had she disclosed her address on the application form, which Hasan then received, the consequences could have been life threatening for Nasrin and her son.

Hasan had three months to respond to Nasrin’s application for an Islamic divorce. Hasan eventually wrote back to the Sharia Council and stated that he was not willing to divorce and denied being violent towards Nasrin. Nasrin responded reiterating that she wanted a divorce. Following this, Nasrin and I had great difficulty contacting the Sharia Council.

The head of the Sharia Council insisted that both parties, Nasrin and Hasan, attend a joint meeting in the form of mediation at the Sharia Council. Nasrin was horrified at the thought of this. I then telephoned the Sharia Council and informed them (again) that Nasrin was scared for her life and living in a secret location. I went further and asked the head of the Sharia Council ‘do you really expect her to sit in the same room as him, you will be putting her [Nasrin] and her child at risk and the staff member [me]?’ The head of the Sharia Council responded stating that the Sharia Council would safeguard Nasrin. I replied stating that the Sharia Council couldn’t make such promises. After much debate they reluctantly agreed not to pursue a joint mediation meeting.

They demanded that Nasrin brought along two witnesses to the meeting with the Sharia panel of ‘judges’ to confirm her version of events. In contrast, as Hasan is a man he did not have to bring along two witnesses to confirm his version of events. Nasrin and I explained to the Sharia Council that there were no witnesses to the violence perpetrated at the hands of Hasan. The Sharia Council continued to demand two witnesses.

Eventually a meeting with the Sharia Council was scheduled. Nasrin was so frightened that the Sharia Council would not listen to her that she brought along two friends to confirm that what she was saying was the truth. The Sharia Council panel called Nasrin, her two friends and me in to the room. I addressed the panel straightaway, ‘you have put so much fear into this lady [Nasrin] that she has found two witnesses who do not know any history of the case’. The panel agreed that the witnesses could not give evidence and they were sent home. Nasrin put her case forward, she was viewed as only a partial witness. The meeting came to an end.

Hasan attended the Sharia Council the following week.

Two weeks after our meeting with the Sharia Council in Dewsbury the Sharia divorce was granted.