14 February 2020

Islamic faith marriages not valid in English law, appeal court rules

Islamic faith marriages are not valid under English law, the court of appeal has ruled, in a blow to thousands of Muslim women who have no rights when it comes to divorce.

The judgment, delivered on Friday, overturned an earlier high court ruling that an Islamic marriage, known as a nikah, fell within the scope of English matrimonial law.

The appeal court has confirmed that nikah marriages are legally “non-marriages”, meaning spouses have no redress to the courts for a division of matrimonial assets such as the family home and spouse’s pension if a marriage breaks down.

Many couples who undergo nikah ceremonies believe they are lawfully married. But their marriages are only legal if they additionally go through a civil ceremony.

A survey in 2017 found nearly all married Muslim women in the UK had had a nikah and almost two-thirds had not had a separate civil ceremony. [The Guardian] Read more