Let’s review what it means to get married and divorced under UK law. According to the government website Directgov.org, “You can get married or form a civil partnership in the UK if you’re:

• 16 or over
• free to marry or form a civil partnership (single, divorced or widowed)
• not closely related
• You need permission from your parents or guardians if you’re under 18 in England, Wales and Northern Ireland.
• Give notice at your local register office.
• Have a religious ceremony or civil ceremony at least 28 days after giving notice.”

If a couple has had a Nikah ceremony without registering at their local council, according to UK law this is not counted as a legal marriage this is because, previous cases involving nikah marriages have concluded that they were legally non-existent, “which meant spouses had no redress to the courts for a division of matrimonial assets such as the family home and spouse’s pension if a marriage broke down”. Under UK law if the couple should ask for a divorce, it is done by applying to the local county courts of the couple.

The case

Recently, a Muslim Pakistani woman, Nasreen Akhter wanted to divorce her husband of 20 years, Mohammed Shabaz Khan. Khan did not agree to the divorce and used the argument that the couple were in fact not married under UK law, they had been married by an imam in 1998 with a Nikah ceremony in front of over 100 guests as witnesses, Khan argued the laws do not apply to their situation making it difficult for his wife to carry  out the procedure. The two had lived together in London Birmingham and Dubai, and had itroduced one another as husband and wife in public and private settings.

However, according to the Guardian Mr Justice Williams heard about this case in the family division of the high court in London. He concluded, that the marriage had fallen into the remit of the 1973 Matrimonial Causes Act. Williams claimed under section 11 of the act that it was void, due to the fact that there was a disregard of requirements during the time, therefore the wife is entitled to, “a decree of nullity.” This year, their solicitor petitioned for the divorce, as he argued the marriage was, in fact, valid by the grounds that the nikah constituted as valid.

Hazel Wright, a family law specialist at Hunters Solicitors, said the ruling had “given heart to many who otherwise suffer discrimination”. She said it was vital for Akhter that the “English divorce court rule in her favour, that the marriage should be recognised as void and not a non-marriage. Otherwise, she would not have any rights to make any financial claims for herself.”

With Nikah ceremonies being rife in the UK without the presence of a civil ceremony, previous cases legally were deemed non-existent if the couple were married under shariah compliance without UK laws. This meant women were unable to gain rights to the division of matrimonial assets such as the family home, or their husband’s pension.

But what does the Muslim community think?

Plan an inexpensive wedding and set an example for others that even the poorest man on earth can complete half of his deen. A religious function (Nikah) shouldn't depend on the amount of money you spend rather than on the truthfulness and honesty????

— CocoaHolic (@glovescocoa) August 8, 2018

You can spend as much as you want on a wedding but the people will remember the faults… a simple nikah and walima are the one.

— Waqas (@iWAQYi) August 7, 2018

Can still be a cohabiting couple in the UK ( where men are protected from divorce rape) but a nikah no longer seen as a cohabiting arrangement after this ruling? If thats the case then apart from marrying someone who earns more than you ( puke) no real protection for brothers.

— IbnDeen (@ibndeen78) August 2, 2018

That’s true however Sharia councils have been charging women £100s for a worthless piece of Islamic divorce paper & yet permitting these marriages ..creating the practice of polygamy to give rise..
In future religious Nikah should be refused unless couple register first.

— Gina Khan (@GinaKhanUK) August 2, 2018

Great news! Many women suffer at the hands of nikah-only marriages which leave them alone and abandoned without any legal standing. This landmark divorce case could change the way Islamic marriage and divorce works in the UK.https://t.co/Z8JqAZEYle

— MuslimWomensCouncil (@MWC_Bradford) August 2, 2018

Now that the Nikah is considered legal matrimony here in the UK I would like you to start prosecuting those who break the polygamy laws in this country. It is illegal to have more than one wife irrespective of your creed.

— Ratski (@RebelRatski) August 2, 2018

What do you think? As it stands do you feel the new law counting Nikah as a legal marriage in the UK is helpful or damaging in the process of marriage and divorce in Muslim communities in the UK? Send us your thoughts at contribute@amaliah.com.