Extract from oral answer (Lords) on Marriage and Religious Weddings - June 28
Tuesday, 29 June 2021 07:31
Baroness Deech (CB) [V]: My Lords, I am sure the Minister believes
that there should be equality among religions in relation to
divorce, and that the law should bring justice to women who are
mistreated by religious husbands and religious courts. So will he
ensure changes to the Matrimonial Causes Act 1973, so that the
court can refuse to finalise a civil divorce until an Islamic
religious divorce has been obtained, if unfair pressure is being
used in the religious proceedings? This would...Request free trial
(CB) [V]: My Lords, I am sure the Minister believes that
there should be equality among religions in relation to divorce,
and that the law should bring justice to women who are mistreated
by religious husbands and religious courts. So will he ensure
changes to the Matrimonial Causes Act 1973, so that the court can
refuse to finalise a civil divorce until an Islamic religious
divorce has been obtained, if unfair pressure is being used in the
religious proceedings? This would bring Islamic divorce in line
with the Jewish get.
The Parliamentary Under-Secretary of State, Ministry of Justice
() (Con): My Lords, the premise behind the
question of the noble Baroness is that the bars to effective relief
are the same in Judaism and Islam, but that is not in fact the
case. As I understand it, it is significantly easier for a woman to
obtain a divorce in Islam than it is for a woman to facilitate or
obtain a divorce in Orthodox Judaism. Therefore, the Act that the
noble Baroness refers to—I believe it is Section 10A—would not have
the same advantageous effect in Islamic marriages as it does in
Orthodox Jewish marriages.
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