In 2020, at the outset of the pandemic, the Court of Appeal maintained the rule that Islamic marriages are not valid under English law.
The case of Akhter v Khan and another [2020], began in 2016 with Nasreen Akhter petitioning to divorce her husband, Mohammed Shabaz Khan, with whom she had entered an Islamic marriage (Nikah) with in London in 1998. Importantly, the couple did not undergo a civil marriage ceremony. Khan defended the petition on the basis that the parties had not entered a valid marriage under English law, arguing that they were married under Sharia law only. Nasreen attested that the presumption of marriage arose out of cohabitation and reputation, which operated to validate the marriage. In the alternative, Nasreen also argued that the marriage was void under section 11 of the Matrimonial Causes Act 1973 (“MCA”).
When the matter was heard at the Family Court, Mr Justice Williams ruled that the partnership and ceremony contained all the hallmarks of a marriage, and that the marriage did in fact come under the scope of English matrimonial law. Had this decision been maintained, the rights of the weaker party to an Islamic marriage (this party being in the vast majority of cases, a woman) to make financial claims, would have been allowed.
However, ultimately, the Court of Appeal reversed the decision of Mr Justice Williams, finding that no ceremony that fell within the scope of the MCA had taken place between the couple. This came as a devastating blow, with groups such as the Southall Black Sisters and the Muslim Women’s Network UK condemning the decision.
Why is this Important?
“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
Parties to valid marriages are lawfully entitled to maintenance and their share of the marital assets, which includes property, pensions etc. When deciding how best to divide the matrimonial pot, the courts will take into account factors such as the needs of the parties, the length of the marriage and contributions to the welfare of the family, which includes looking after any children and domestic labour.
If you are not a party to a valid marriage, your rights in this respect are extremely limited. For example, if you are living in a property that is owned solely in your partner’s name, then in the event of a breakdown in the relationship, you not only have no ownership rights, but you also have no right to remain in the property. This can result in extreme hardship for Muslim women, many of whom will also be the primary carer of their children.
How to Ensure Islamic Marriages are Legally Recognised
To ensure that your Islamic marriage is legally recognised, Muslim couples should, in addition to the Nikah, undergo a civil marriage at either a Register Office or an Approved Premise.
There is also the option of having a civil ceremony at a registered Mosque, alongside your Nikah. To register the marriage an “Authorised Person”, such as an Imam who has been certified, must attend the Mosque. If the Imam is not available, then a registrar will need to attend.
Please do not assume that because your ceremony has taken place in a registered Mosque or by an Imam who is an “Authorised Person”, that your marriage is legally recognised. The Nikah and the civil marriage are two separate ceremonies, with the civil marriage requiring the conduct of civil procedures to be deemed valid under English law.
If you believe you may be facing the above issues, please get in touch with our specialist Family Matrimonial Finance Team on 020 7935 3522.
Whatever your personal circumstances the above is only a guide and we would advise you to contact us to obtain definitive advice as you will appreciate that each person’s circumstances are unique to them.