Mosa Sayed

Religious divorce in a secular legal context: family diversity and the role of Muslim communities in the dissolution of marriage

The research project will examine the role of a number of Islamic congregations in the dissolution of marriages through religious divorce. How are the parties and their rights affected by religious proceedings that often take place in parallel with proceedings before Swedish public authorities? What role do religious institutions play in this complex legal landscape, where religious norms operate within a secular legal system and families may have transnational ties?

These questions have an important but so far relatively overlooked legal dimension. A number of fundamental principles of Swedish law are relevant, including the protection of minorities, freedom of religion, freedom of association, the right to family life and gender equality.

The project combines legal and cultural studies. The practice of religious divorce will be analysed in relation to the Swedish legal framework, as well as through qualitative empirical material consisting of interviews with representatives of Islamic congregations in Sweden and individuals who have chosen to undergo a religious divorce procedure.

The findings are expected to deepen our understanding of the challenges associated with religious diversity in the context of family law, both in Sweden and more broadly in Europe, as well as in the parties’ countries of origin.