Sharia law is not recognised in the UK Courts and I try to find solutions for clients in order for them to remedy their issues in relation to their Nikah (marriage contract) within the UK Courts.
Nikah is a marriage contract between two people under Sharia law (Islamic Law).
Is my Nikah valid in the UK? 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 marriage.
However, saying that, this contract is not recognised in the UK as the English law does not recognise a Nikah if the Nikah ceremony took place alone in the UK.
Sadly, I meet clients all the time who have naively thought they were legally married and only realise that's not the case when the couple have separated and wish to seek legal advice. They have assumed their marriage is recognised as they has it in the UK.
To assure that the marriage is recognised in the UK, a civil ceremony is an absolute must, this will then give the married couple same rights as a divorce couple and also in a position to make applications to the family courts and obtain financial remedies. The fact is living in the UK, the law of the country must be adopted.
I see a lot of clients on a regular basis who have no idea where their Nikah marriage stands under English law.
If your relationship breaks down and you only have a Nikah contract you are living together in the eyes of (English) law as cohabitees and therefore will not be in a position to make a claim under family courts for financial relief. The law surrounding cohabitees is complex and can be very expensive. As the couple are not married under the eyes of law if one party decides to marry somebody else they would not be committing an offence of bigamy or even polygamy.
This also makes me highlight a case where recently 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.
The High Court ruled that an estranged couple's Islamic faith marriage, conducted in a ceremony called a nikah, falls under British matrimonial law despite it not being legally recognised as such.
It means Nasreen Akhtar (the wife) will be free to bring her case to the divorce court and claim her share of the assets of her marriage where she previously would not have been able to.
In the high-profile case Mrs Akhtar and her businessman husband Mohammed Shabaz Khan were deemed to have a valid marriage.
The judge said the union should be recognised because the couple, who took their vows in 1998, lived as man and wife, introduced each other as such and had expectations similar to a British marriage contract.
A report commissioned by Theresa May when she was home secretary revealed earlier this year that many women in Islamic marriages do not realise they have no legal protection under UK law unless they have a second civil ceremony alongside the nikah.
Under sharia law women often have to appeal to sharia councils, largely made up of men, in order to be released from their union and some have to make concessions in order to do so. Men are not obligated to do the same.
It became vital for Ms Akhtar that the English divorce court rule in her favour, otherwise she would not have any rights to make any financial claims for herself.
In the High Court case Mrs Akhtar's husband Mr Khan sought to block her application for divorce in the UK court on the basis that they were never legally married.
But Mr Justice Williams decided that the marriage was "entered into in disregard of certain requirements as to the formation of marriage".
The case will have significant implications for women who marry under Sharia Law but not UK law and could give them the right to divorce their husbands and split the assets related to the union, as well as securing a divorce more easily.
To find out where your marriage stands under English law or in relation to how we can help you in relation to your marriage and the rights you are entitled to whether your marriage was registered or not, please contact us for a free initial consultation on 0161 8175014 or leave your details and we will contact you when it suits you.
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