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A woman says she feels “heartbroken” and “trapped” at not being able to secure a divorce under Muslim law, despite separating from her husband 14 years ago.
Masuma Jariwalla, of Oadby, is divorced from her husband under British civil law, but if she wishes to remarry as a Shia Muslim, her husband must agree to a divorce under their religion’s law.
He has still not accepted their civil separation in 1995 as binding and refuses to grant her a religious divorce.
Her situation was raised in the House of Commons this week with Justice Minister Bridget Prentice.
Ms Jariwalla, 42, who was born in Tanzania and arrived in England in the 1980s, married into the Dawoodi Bohra Muslim sect. She has two sons, aged 17 and 19.
A four-year relationship with another Muslim man recently came to an end after his family raised concerns the two could never be married.
Ms Jariwalla said: “I feel I have no freedom and my ex-husband is still holding on to me.
“I don’t think he will ever agree to a divorce. It’s heartbreaking. I feel like this is always hanging over me and it is hard to move on with my life.
“I’ve been living in England for 24 years but I’m not getting the freedom everyone else gets.
“I don’t feel African any more. I feel British, so I should be treated like everyone else.
“It has been horrible for me and I hope some kind of law can be passed in this country because I don’t want other women to go through what I have had to go through.”
Ms Jariwalla took her case to Harborough MP Edward Garnier, who said the situation infringed on her human rights.
He raised the issue in the Commons and asked Ms Prentice to push UK Islamic leaders to help Ms Jariwalla.
He said: “I want the Government to apply political and moral pressure on Muslim religious leaders to require this particular ex-husband to grant this woman freedom under the religious laws that they live by.
“For that to happen he needs to consent under religious law to give her a religious divorce – only then will she be free to remarry. As it stands at the moment, she is effectively trapped.
“There are all sorts of deeply sensitive cultural issues – it’s not for Government to tell people how to worship or conduct their religious affairs.
“But where there is tension between civil society and religious law you would expect English law to take precedence.”
Ms Prentice said she would inspect the Human Rights Act to see whether any breach had taken place in this case.
She said the Government was looking at working with religious leaders to find ways of helping women. She added: “I would be keen to see whether we can make contact with the Bohra religious leaders in order to try to ensure this case is brought to their attention.”
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