Ms Akhter argued that her marriage was valid in the Islamic faith, as was her application for divorce, and that she was entitled to the same legal protection and arrangements as those offered to legally married couples in the United Kingdom. The Supreme Court ruled in 2018 that the couple`s Islamic “nikah” ceremony fell under English marriage law. Under English law, couples who live in only one nikah and who have not entered into a civil marriage are considered “cohabiting couples”. This means that they do not have the same rights as couples in a civil marriage. According to the law, there are three categories of marriages: valid, void and unmarried. Valid marriages may be terminated by a divorce decree; Invalid marriages may be dissolved by a declaration of nullity; Non-marriages cannot be legally dissolved because the marriage never existed legally. That overturned an earlier ruling in which the High Court ruled that Ms Akhter and Mr Khan`s marriage – which had lasted 18 years – was “void”, meaning the couple could manage their finances in the same way as any other married couple. If you had your Nikah abroad; In a country that practices and recognises Sharia law, your marriage will be recognised under UK law. When the case of Akhtar v Khan (2018) EWFC 54 was tried by the Family Division of the High Court, it gave hope to many Muslim women who had a nikkah (Islamic marriage ceremony) only in the UK that their marriage would finally be recognised by the UK courts. At the time of the hearing of the case, Justice Williams made it clear that this was an exception.
The Court of Appeal overturned that decision on Friday, saying the marriage was “invalid” under English marriage law. One way to overcome this problem until there are further developments in the British legal system is to enter into a prenuptial agreement. This is an agreement that defines how your marital property should be divided in the unfortunate event of a divorce. Although they are not legally binding documents, since the Radmacher v-Granatino case, they have been given more and more weight, provided that they are drafted according to certain requirements. By entering into a prenuptial agreement, you`ll also save yourself the unnecessary time and expense of the long court battle to decide “who gets what” and get your “free ticket out of jail”, especially if you haven`t registered your marriage in the UK! In March 2018, the government published its Green Paper on the Integrated Community Strategy, welcoming the review. The government said it shared concerns about the lack of legal protection after an unregistered marriage and allegations of discrimination, and that it would consider limited legislative reform. The government has also said it will support awareness campaigns. In January 2019, the Parliamentary Assembly of the Council of Europe adopted a resolution expressing concern about the functioning of Sharia councils in the UK, highlighting the problems of marriage and Islamic divorce procedures. The resolution called on the UK to legally require Muslim couples to register their marriages under civil law before or at the same time as their religious ceremony, and to ensure that Sharia councils operate within the law. He added that marriage fell within the scope of the Marriage Act 1973, although Mr. Khan argued that the marriage was “only under Sharia law.” “What we are seeing is the outsourcing of family justice to irresponsible, fundamentalist-inspired community systems of religious arbitration. It is not a question of recognizing religious marriages; The State must guarantee equality before the law.
If a couple holding their Nikah ceremony in the UK wants the same recognition, they will have to go to a registry office to get a civil marriage in addition to their Nikah. While the recent decision in the recent Akhter-v-Khan (2018) EWFC 54 case has given hope to some Muslim women, it is important to note that Justice William of the Supreme Court pointed out that each case is decided on its own facts to see if it falls under the Marriage Act 1949. In this case, it is not a question of whether an Islamic marriage should be treated as a valid marriage under English law. The couple had four children together, although Ms. Akhter eventually filed for divorce. Discovering that her marriage, even though she had been with her husband for 18 years and had a family with him, was considered invalid must have come as a terrible shock. A 2017 survey found that almost all Muslim women married in the UK had a nikah and almost two-thirds did not have a separate civil marriage. We need to assess each couple`s situation individually, as it depends on a variety of factors whether your marriage would be recognised under UK law in this case and whether civil divorce would therefore be necessary. In 2018, the family court ruled that a Nikah marriage of a particular couple was a void marriage and not a “non-marriage.” The government appealed. In a ruling published in February 2020, the Court of Appeal upheld the appeal, noting that there had been no ceremony for which a judgment of nullity could be rendered.
If you are not legally married, you may find yourself in a difficult situation when you divorce or when one of the partners dies. Sharia councils deal with aspects of Islamic law and advise mainly on marriage and divorce. Shari`a councils have no legal status and no legally binding civil law authority. The government`s position is that people should have the freedom to exercise individual religious freedom, but that national law will always take precedence when it conflicts with religious practices. Judge Williams, who heard the case in the Family Division of the High Court in London, concluded that marriage fell within the scope of the Matrimonial Causes Act 1973. The purpose of this article is to provide advice to family law practitioners in England and Wales on how best to deal with Muslim clients who have only filled one Nikkah. It is important to have a good understanding of Islamic family law in order to be able to advise the client in the best possible way on what is required and how it should be done. Managing customer expectations has never been better when it comes to issues like this. The complexity is insurmountable, especially when it comes to clients who have very little understanding of Islamic/Sharia law and judgments.
Several sources must be studied and understood in order to provide comprehensive advice. Islamic/Sharia legal norms are developed from the following four sources: the Holy Quran, Sunnah, Ijma and Qiyas. The result depends on the school the client attends. The four schools of thought are now recognized by the vast majority of Sunni Muslims. It should be noted that these schools are in good agreement on all essential aspects of the religion of Islam. They all recognize the authority of the Holy Quran and the authentic hadiths (words, teachings and observations of the Prophet Muhammad) (peace and blessings of Allah be upon him). Only in situations where these two sources are silent do the four schools use their independent reasoning in which they may differ from each other. At AWH Solicitors, our Sharia marriage and divorce lawyers are often called upon to handle Islamic divorces where the Nikah took place in another country. Most Muslims in England who marry will bind the covenant in a nikah ceremony; One of the most important steps in a marriage contract.
However, in a high-profile case, the Court of Appeal ruled that Islamic marriages are invalid in England. It is also important to know that if you decide to divorce abroad, your divorce will be legally recognised in the UK. Without your divorce, you wouldn`t be able to remarry and you could still be financially tied to your ex. The question “Is Islamic marriage recognised by Sharia law in the UK?” has often been asked by our Islamic clientele, so we thought we`d dig a little deeper into this topic. He decided that since the couple were presenting themselves as husband and wife all over the world, Ms Akhter was right and that their union should be recognised because their vows had expectations similar to those of a British marriage contract. This case shows how important it is to understand your rights if you intend to enter into a religious marriage in England, as well as the consequences of not continuing your marriage with a civil ceremony. Especially for women, a lack of legal protection after a relationship breaks down can have life-changing consequences. Nikkah literally means sexual intercourse and union. In practice, it is a marriage contract that allows a sexual relationship between a couple. In Islamic terminology, nikkah is a marriage contract and therefore couples can legitimately benefit from each other. Nikkah implies mutual benefit between couples.
