Islamic faith marriages are not valid under English law

It has recently been reported in the Guardian, that Islamic faith marriages are not valid under English law.

The judgement which was delivered on Friday, overturned a previous High Court ruling that an Islamic marriage known as a Nikah fell within the scope of English matrimonial law.

‘This means that many have absolutely no rights at the end of what they believe to be their marriage. No rights to assets in the husband’s sole name, and no rights to maintenance.’ (Charles Hale QC of the family law firm 4PB).

The judgement has confirmed that Nikah marriages are regarded as legally ‘non-marriages.’

According to a poll for a Channel 4 documentary, The Truth About Muslim Marriage (where female Muslim researchers questioned 923 women in 14 cities in Britain), six in ten women in the UK have had a traditional Muslim wedding ceremony which is not a legally recognised marriage, depriving them of rights and protection.

To make the marriage legal in the UK a separate civil ceremony would have to be carried out. In England and Wales you can get married or form a civil partnership if you are 16 or over, not already married or in a civil partnership and not closely related.

You then must decide where to have your marriage or civil partnership ceremony before giving Notice. This is where you provide legal confirmation of your intentions to marry.

A religious wedding can take place at any registered religious building. However, a civil ceremony can only take place at a register office or any venue approved by the local council.

For an approved list please follow the link: https://www.gov.uk/government/publications/civil-marriages-and-partnerships-approved-premises-list)

There also must be two witnesses at the ceremony and a Registrar must carry out or be present at the ceremony.

All of the above requirements will ensure that your marriage is valid in the UK.

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