Social Cohesion and Civil Law: The Family and Religious Courts

This research seeks to address concerns which were raised in the aftermath of the Archbishop of Canterbury's lecture on Religious and Civil Law in 2008, which provoked an animated debate concerning the extent to which English law should accommodate religious legal systems, such as Sharia law. The project explores how religious law already functions alongside civil law in the area of marriage and divorce, by examining the working of three religious courts in detail: the Roman Catholic Portsmouth Diocesan Tribunal; the Jewish London Beth Din, Family Division; and the court of the Birmingham Central Mosque. It will focus upon the organisational structure and legal status of these courts and the jurisdiction they have in relation to marriage, divorce and remarriage, areas which are of considerable importance in both religious and State law. The research will involve scrutiny of a sample of files concerning the cases dealt with by the courts and a series of interviews with court personnel. The project is ground-breaking in that although there have been some empirical investigations into the courts or tribunals used by particular religious traditions, no work to date has sought to compare the work of courts or tribunals of different religions and how they relate to the law of the State.

By providing the missing evidence base, this project will benefit a range of scholars who research law and religion, family law and the sociology of religion. It will also benefit the religious courts themselves and a range of policy-makers and media representatives by bringing them together to discuss the findings at a symposium in month 11 of the project, to which members of two Cardiff-led Networks (the Law and Religion Scholars Network and the Interfaith Legal Advisers Network) will be invited. In addition to informing the general debate, it is also intended that this project will serve as a catalyst for further research into law and religion.

The proposed project will be undertaken by an interdisciplinary team of scholars based at Cardiff University. The Principal Investigator, Douglas, an expert on family law will be joined by Gilliat-Ray, an expert on the sociology of religion, as senior co-applicant. Given the project's strong link with law and religion, two experts in this field Doe and Sandberg, will also form part of the project team. . A Research Assistant will also be employed for the last ten months of the project for the equivalent of four days a week.

The media, political and popular reaction to the Archbishop of Canterbury's lecture underscored how issues concerning the interaction of religious and civil law are of importance to a vast range of people. Commentators (e.g. Bradney 2009b) have noted the debate following the Archbishop's lecture was characterised by a low level of knowledge of religious laws and courts in both political and popular discourse. This research has the potential to change this state of affairs, leading to a better-informed debate. Not only would this be a worthy end in itself but also it might aid the integration of religious and ethnic minorities in the UK, replacing stereotypical fears with concrete evidence. This comparative and empirical project will provide a much needed evidence base which will not only guide the debate but will also be invaluable for all those who come into contact with religious courts. This will involve secular decision-makers at a range of levels, including those who provide legal and other advice and charities and pressure groups who have expressed concern about the operation of religious law, such as the 'One Law for all Campaign'.

Moreover, religious leaders and representatives and religious adherents who choose to use the religious courts, will find this work valuable as well as the personnel of religious courts. Legal advisers who have clients who are seeking to regularise their unions within both religious and civil law will also find the results of the study helpful in adding to their understanding of the inter-relationship between civil and religious legal systems and laws. We also envisage that the three courts studied will benefit from the work, through attendance at a meeting and symposium, as a key objective is to build a long-term relationship with them to prepare the ground for future research which will aid policy-making. For example, the research could lead to indirectly to enhancements in the quality of services provided by these bodies to couples seeking marriage or divorces, an area that very directly impacts on people's quality of life.

A key route for communication of, and engagement with, research findings will be through publications and events, including a project leaflet at the outset, describing the project and activities, for use at future events and meetings; a summary of findings on completion, freely available online; a one-day meeting in London in Month 8, bringing together staff from each of the courts and the project team; and a Symposium in Month 11 of the project, with wide invited participation from the religious courts academics, political, legal and religious advisers, religious organisations, and media representatives.

Members of two networks run by Centre for Law and Religion at Cardiff will also be invited to the Symposium, for the discussion and dissemination of the findings to the growing number of religious and legal personnel who are joining the networks:

(i) The Interfaith Legal Advisors Network (ILAN), which was established by Cardiff Centre for Law and Religion in 2007. ILAN is wide-ranging in its academic and professional concerns: it includes representatives from over 15 different faith groups and the British Humanist Association. The Archbishop of Canterbury's Secretary for Interfaith Relations and representatives from the Commission of the Bishops' Conferences of the European Community have attended past ILAN meetings.

(ii) The Law and Religion Scholars Network (LARSN), established in 2008 which has just under a hundred academics from England, Wales, Scotland and Northern Ireland as well as a number of members from across the globe (chiefly Australia and the United States).

The inclusion of legal practitioners and academics in the workshop to discuss findings will lead to more informed legal advice from civil law advisers and law-makers, suppor