A British court has recognised sharia law for the first time in a landmark decision as a judge ruled that a wife can claim her husband's assets in the split.
The decision came about after Nasreen Akhter wanted a divorce from her husband Mohammed Shabaz Khan. The couple were wed in an Islamic faith marriage in 1998.
Mr Khan wanted to block Mrs Akhter's divorce on the basis that they are 'not legally married' under English law and says they are married 'under Sharia law only'.
The High Court ruling on Wednesday said their union should be valid and recognised because their vows had similar expectations of a British marriage contract.
Mr Justice Williams said the marriage was considered to be void under section 11 of the Matrimonial Causes Act 1973 due to it having been 'entered into in disregard of certain requirements as to the formation of marriage.' This meant that Mrs Akhter was 'entitled to a decree of nullity'.
Previously, Nikah marriages had been deemed legally non-existent, meaning that any party wishing to terminate the marriage had no legal recourse for any division of assets. [Daily Mail] Read more
