07 August 2018

High Court rules Muslim ‘marriage’ void rather than non-marriage

A woman who had a Muslim 'marriage' ceremony but not a civil one is entitled to a decree of nullity which rules her marriage void, the High Court has ruled.

Last week Mr Justice Williams declared that Nasreen Akhter and Mohammed Shabaz Khan had a void marriage rather than a non-marriage.

He ruled that the couple had "a marriage entered into in disregard of certain requirements as to the formation of marriage". Under the Matrimonial Causes Act of 1973 this entitled Akhter to a decree of nullity, which rules a marriage void.

The decision means the provisions of civil divorce law will apply and Akhter will be entitled to protection under English law.

The couple had an Islamic wedding ceremony (a nikah) in 1998 but did not have a civil ceremony. They lived together as a married couple for 18 years and had four children, living in London, Birmingham and Dubai. In 2016 the 'wife' went to court to ask for a divorce. [National Secular Society] Read more