Fouzia Azzouz is an Honorary Research Associate at Bristol University. Her research looks at marriage and divorce practices of British Muslims, exploring avenues for reform and regulation of Nikkah-only marriages and Shariah Councils. In 2022, Fouzia had written an article for Law and Religion UK on withholding religious divorce as a form of spiritual abuse. What was interesting about the article was the concept ‘chained wives,' a term not as widely discussed, but is an issue that needs to be tackled within religious communities.

Considering our focus of 16 days of activism is on raising awareness of spiritual abuse, the team at MWN Hub wanted to highlight the works of individuals calling for action on this. We were glad when Fouzia agreed to do a Q&A around her research sharing her insights on what can be done to address the challenges associated with Muslim marriage and divorce practices.

What inspired you to look at Muslim marriage and divorce practices in the UK?

Initially, I was really fascinated by the phenomenon of Shariah councils in the UK. When I started doing background readings and research into the topic, I soon realised that I needed to take a more comprehensive approach to understanding the broader practices of marriage and divorce among Muslims in Britain. From Shariah councils to unregistered Nikkah marriages, the welfare and safeguarding of Muslim women soon became at the centre of my research.

You have written about the issue of ‘chained wives’ in religious communities can you explain what this is?

The term is commonly associated with the Jewish community, which has the concept of agunah, referring to a woman who is kept chained by a husband who is withholding a religious divorce. We use the term more generally to refer to women, who are trapped and unable to exit a marriage due to the husband’s refusal to grant a divorce. Consequently, this concept can apply to a Muslim woman, who is in a situation where her husband refuses to pronounce Talaq or to accept her Khula, or is contesting a religious divorce that was already granted to her by a religious scholar.

How does withholding a religious divorce constitute to a form of spiritual abuse?

The law now holds that withholding religious divorce can constitute a form of abusive and coercive behaviour which refers to a broader pattern of controlling and manipulative behaviours that restrict an individuals’ freedom and their exercise of free will (Domestic Abuse Act 2021).

In addition to restricting the wife’s autonomy, withholding religious divorce can constitute a form of spiritual abuse when it specifically rests upon exploiting religious principles and beliefs to justify compelling the wife to stay in a marriage she wants to end.

Do you think there needs to be further research into understanding forms of spiritual abuse in the context of Muslim marriages and divorce?

Yes, further research is crucial as this remains an under-researched topic. It is important to pay attention to cultural and religious nuances in examining abuse and coercion in the context of Muslim marriage and divorce. It is also important to look at the intersection with state law to explore existing remedies and potential for reform.

Due to the nature of the topic, such research is likely to be ethically challenging. Nonetheless, researchers should seek meaningful insights while navigating complex considerations around respect for personal beliefs, privacy, and potential risks for participants.

In addition to qualitative research that would help us explore how to understand and identify various forms of spiritual abuse, large-scale quantitative research is also, necessary to understand the scale and widespread nature of the issue.

In your research into Muslim marriages, what do you think needs to be done to address the challenges associated with Muslim marriage and divorce practices?

My PhD research, which I completed 3 years ago was particularly solution-oriented aimed at exploring various avenues for reform and regulation of Muslim marriage and divorce practices. The objective was to critically appraise and drive the discussion forward towards concrete meaningful change.

For Nikkah-only marriages, I believe that the diversity of motivations behind unregistered Nikkah marriages cautions against a one-size-fits-all approach to increasing marriage registration (i.e mandatory registration of all Nikkahs). Instead, as other prominent researchers have argued, the law around marriage should be reformed to make registration more accessible and convenient. At the same time, a community-focused approach is needed to raise awareness. I believe that Muslim faith leaders and Imams have an important role to play in empowering Muslim couples to make informed choices about their marriages.

Domestic abuse is also a key issue facing the Muslim community and anecdotal evidence from Imams and Shariah council scholars highlights that the issue is quite prevalent in the divorce cases they receive. Imams and Shariah council scholars again play an important role in granting women religious divorces through Faskh, helping them leave unhappy and abusive marriages.

To tackle these issues, the focus should be on fostering long-lasting sustainable change through both legal means and raising awareness within the community.

If you would like to read Fouzia Azzouz's work on Muslim marriages and divorce practices, here are additional articles she has written:

Islamic ADR in Britain: Diversity, Hybridity and Women’s experiences of community justice

Withholding religious divorce controlling and coercive behaviour: Moher