Islamic marriages invalid in UK, appeal judges say
A court has reversed a judgment from 2 yrs ago which found that a couple who had an Islamic marriage ceremony could legally divorce.
The High Court ruled in 2018 that the couple's Islamic "nikah" ceremony fell within English marriage law.
However the Court of Appeal has said it was an "invalid" non-legal ceremony.
Judges said the fact they designed to have an additional civil ceremony meant they must have known their Islamic marriage had no legal effect in the united kingdom.
The Attorney General appealed against the original court decision.
The case involved the divorce of Nasreen Akhter and Mohammed Shabaz Khan, who've four children.
The couple had an Islamic marriage ceremony in a west London restaurant in 1998 in the occurrence of an imam and about 150 guests, but no civil ceremony subsequently occurred, despite Mrs Akhter repeatedly raising the problem.
They separated in 2016 and Mr Khan tried to block his wife's divorce petition 2 yrs ago on the basis that they had not been legally married in the first place.
'Sharia law only'
Mrs Akhter argued their Islamic faith marriage was valid, as was her application for divorce, and that she was eligible for the same legal protection and settlement offered in the united kingdom to legally maried people.
Her application for divorce was analysed throughout a trial in the Family Division of the High Court and Mr Justice Williams delivered a written judgment in the summer of 2018.
He ruled that because the couple held themselves out to the world at large as couple, Mrs Akhter was correct and their union ought to be recognised because their vows had similar expectations compared to that of a British marriage contract.
He added the marriage fell within the scope of the 1973 Matrimonial Causes Act, despite Mr Khan arguing the marriage was "under Sharia law only".
Justice Williams said Mrs Akhter was therefore eligible for a decree of nullity.
The Court of Appeal overturned that decision on Friday and said the marriage was "invalid" under English marriage law.
It explained the marriage was "a non-qualifying ceremony" since it had not been performed in a building registered for weddings, no certificates have been issued no registrar was present.
"The parties weren't marrying beneath the provisions of English law", the appeal judges said.
Neither Mrs Akhter nor Mr Khan played any part in the appeal proceedings.
Pragna Patel, director at Southall Black Sisters, a not-for-profit organisation, said: "Today's judgment will force Muslim and other women to carefully turn to Sharia 'courts' that already cause significant injury to women and children for remedies because they're now locked out of your civil justice system."
A government review into Sharia law in 2017 said Muslim couples should be required to take part in civil marriages furthermore to Muslim ceremonies to bring Islamic marriage legally into line with Christian and Jewish marriage.
