UK: Can Islamic Shariah Councils act as binding arbitrators?
<p>Could marriage be considered as a civil contract between two parties which defer to specific kind of arbitrators in case of disputes, giving up their right to judicial review, in a fashion similar to many business contracts, where the parties are required to give up their right to go to courts and subjecting themselves to binding arbitration?</p>
<p>References:</p>
<ul>
<li><a href="https://youtu.be/_Nos1V9Rf1U" rel="nofollow noreferrer">Many British Muslims of Pakistani Origin are going to Islamic Shariah Councils to resolve Family Disputes</a></li>
</ul>

<p>The answer to your headline question is no, Shariah Councils can not act as binding arbitrators. Whilst marriage could be looked upon as a form of contract, that doesn't mean that one applies contract law principles when there already is a body of specific marriage law already.</p>
<p>The main issue is that the law deals with civil marriages, so an Islamic religious marriage does not give you any additional rights. So, whilst you can't give up your right to a divorce settlement in court, you may not have that right if your marriage isn't recognised by the secular authorities.</p>
<p>Paliamentary briefing going into more detail: <a href="https://commonslibrary.parliament.uk/research-briefings/cbp-8747/" rel="nofollow noreferrer">https://commonslibrary.parliament.uk/research-briefings/cbp-8747/</a></p>

united-kingdom common-law arbitration