Is Islamic Marriage Valid in the UK? Evolve Family Law

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Islamic marriages are not legally binding, Court of Appeal judges have ruled, after overturning a landmark judgement which lawyers warn will leave thousands of Muslim women in "legal limbo".

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2.3 Islamic divorce. To be divorced for religious purposes, a couple in a legally recognised Islamic marriage may need to get an Islamic divorce, in addition to any divorce granted by the courts of England and Wales. The HM Courts and Tribunals Service divorce application form draws attention to this:

Is Islamic Marriage Valid in the UK? Evolve Family Law

In Sharia Law, marriage is viewed as a contract where the parties agree to live as husband and wife in accordance with the guidance contained in the two primary sources of the Sharia, the Qu'ran and the Sunnah of the Prophet Muhammad. One of the essential elements of a nikah (Islamic marriage contract) is that the husband agrees to pay the.

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For an early analysis of such cases see David Pearl's "Muslim Marriages in English Law" (1972) 30 Cambridge Law Journal, No.1 pp.120-143. This issue relating to the status of Islamic marriages in UK courts resurfaced in the recent case of Akhter v Khan [2018], which concerned an Islamic marriage solemnised between the parties in 1998. The.

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Non-Muslims may not inherit at all, and only Muslim marriages are recognised." Critics say the society is effectively endorsing discrimination by publishing this advice, but the organisation.

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"what this case is not about…is whether an Islamic marriage ceremony (a Nikah) should be treated as creating a valid marriage in English law. In fact, the main issue as it has emerged is almost diametrically the opposite of that question: namely whether a Nikah marriage ceremony creates an invalid or void marriage in English law.

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Sharia law has been recognised by a British court for the first time after a judge made a landmark divorce ruling which could change the way Islamic marriage and divorce works in the UK.

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The judge considered that the Islamic ceremony "bore all the hallmarks" of a marriage in that it was held in public, witnessed, officiated by an imam and involved the making of promises and.

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However, the Appeal Court's judgement — that their marriage was invalid — means that after nearly two decades together Ms Akhter and Mr Khan will be treated in much the same way as two friends who had shared a home. In English law, their Nikah has not been recognised. For Muslim couples living in England, the Nikah is central to their.

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Islamic marriages which take place in the UK are not recognised under UK law, so a couple would need to have a civil ceremony performed in order to be legally married in the eyes of the law. In the UK, Muslim couples who have not have a civil ceremony are treated as cohabitees, with the same rights (or lack, thereof) as any other cohabiting couple.

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Last modified on Thu 1 Jul 2021 06.30 EDT. British courts should be able to issue Islamic divorces via a specialised unit set up to protect the rights of Muslim women, a leading expert in sharia.

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This is a question I am asked regularly by Muslim clients, so a Nikah will be recognised if the marriage took place in a country that recognises sharia law for example if a Nikah took place in Pakistan then that Nikah would be recognised as a marriage within the UK, as the country in which the marriage took place recognised the Nikah as a valid.

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Last modified on Fri 14 Feb 2020 12.35 EST. Islamic faith marriages are not valid under English law, the court of appeal has ruled, in a blow to thousands of Muslim women who have no rights when.

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The High Court ruled in 2018 that the couple's Islamic "nikah" ceremony fell within English marriage law. But the Court of Appeal has now said it was an "invalid" non-legal ceremony. Judges said.

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Another source calculates that there may be as many as 100,000 Islamic marriages that are not legally recognised in English law. The Bradford Muslim Women's Council reports that they receive calls on a daily basis from women making enquiries about marriage rights and roughly half of the enquirers are in marriages that are not legalised.

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Muslim marriage and divorce. Under Islam, a marriage is normally undertaken by the signing of a Nikah, which is essentially a marriage contract. If a Nikah is undertaken in England or Wales without a civil ceremony then the marriage will be recognised under Islam, but it will not be legally recognised in England and Wales.