Landmark court ruling finds Muslim couple's Sharia marriage not valid

[The Viper]

Court of Appeal judges have ruled that a Muslim couple's Sharia marriage was not valid under English law.

In a landmark ruling, the panel decided that Nasreen Akhter and Mohammed Shabaz Khan's Islamic marriage ceremony, which had taken place in a London restaurant, had "no legal effect".

Ms Akhter had filed for a divorce after their relationship broke down in 2016, but the ruling means that she cannot claim money or property from Mr Khan in the same way a legally married spouse would.

The pair have four children together and had intended to follow up the marriage ceremony with a civil marriage under English law.

But despite Ms Akhter raising the issue on a number of occasions, the couple never went through with it.

Campaigners say the ruling will force Muslim women to turn to "unaccountable" Sharia courts.

Pragna Patel, director at campaign group Southall Black Sisters, said: "Today's judgment will force Muslim and other women to turn to Sharia 'courts' that already cause significant harm to women and children for remedies because they are now locked out of the civil justice system.

"What we are seeing is the outsourcing of justice on family matters to unaccountable and fundamentalist-inspired community-based systems of religious arbitration."

Ms Akhter first brought proceedings to the High Court in November 2016, and the court had ruled in her favour

She was granted a "decree of nullity" and the couple later reached a financial settlement.

But the case was referred to the Court of Appeal by the attorney general and the original ruling was overturned.

Master of the Rolls Sir Terence Etherton, who considered the case with two other judges, said the Islamic marriage ceremony did not qualify as valid.

Announcing the court's decision, he said: "The parties were not marrying under the provisions of English law.

"The ceremony was not performed in a registered building. Moreover, no notice had been given to the superintendent registrar, no certificates had been issued, and no registrar or authorised person was present at the ceremony.

"Further, the parties knew that the ceremony had no legal effect and that they would need to undertake another ceremony that did comply with the relevant requirements in order to be validly married."

https://news.sky.com/story/landmark...im-couples-sharia-marriage-not-valid-11934132

 

[The Viper]

Appeal Court rules Islamic marriages invalid in UK

A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.

The High Court ruled in 2018 that the couple's Islamic "nikah" ceremony fell within English marriage law.

But the Court of Appeal has now said it was an "invalid" non-legal ceremony.

Judges said the fact they intended to have a further civil ceremony meant they must have known their Islamic marriage had no legal effect in the UK.

The Attorney General appealed against the original court decision.

The case involved the divorce of Nasreen Akhter and Mohammed Shabaz Khan, who have four children.

The couple had an Islamic wedding ceremony in a west London restaurant in 1998 in the presence of an imam and about 150 guests, but no civil ceremony subsequently took place, despite Mrs Akhter repeatedly raising the issue.

They separated in 2016 and Mr Khan tried to block his wife's divorce petition two years ago on the basis 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 entitled to the same legal protection and settlement offered in the UK to legally married couples.

Her application for divorce was analysed during 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 since the couple held themselves out to the world at large as husband and wife, Mrs Akhter was correct and their union should be recognised because their vows had similar expectations 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 entitled to 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 wedding was "a non-qualifying ceremony" because it was not performed in a building registered for weddings, no certificates had been issued and no registrar was present.

"The parties were not marrying under 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 turn to Sharia 'courts' that already cause significant harm to women and children for remedies because they are now locked out of the civil justice system."

A government review into Sharia law in 2017 said Muslim couples should be required to take part in civil marriages in addition to Muslim ceremonies to bring Islamic marriage legally into line with Christian and Jewish marriage.

https://www.bbc.co.uk/news/uk-england-london-51508974

 

[Cpt. Rishwat]

Campaigners say the ruling will force Muslim women to turn to "unaccountable" Sharia courts.

Pragna Patel, director at campaign group Southall Black Sisters, said: "Today's judgment will force Muslim and other women to turn to Sharia 'courts' that already cause significant harm to women and children for remedies because they are now locked out of the civil justice system.

If you don't accept the verdict of the British civil service system, then why would the only other alternative be Shariah courts which you already despise? Southall is surely a strange anomaly in the British landscape.

 

[Gilly]

Its a problem if muslim women believe that sharia courts cause significant harm to women.

 

[Pakistanian]

Its a problem if muslim women believe that sharia courts cause significant harm to women.

Because "Praghna Patel" is Muslim?

 

[sweep_shot]

Quite a complex issue. A part of me feels sorry for the woman but a part of me also thinks that she made a mistake.

You need to close all loopholes to avoid this type of situation. Always register your marriage; get a certificate.

 

[minamino]

Because "Praghna Patel" is Muslim?

There are a lot of Patel Muslims even in Pakistan.

 

[blackanhyellow]

If you don't accept the verdict of the British civil service system, then why would the only other alternative be Shariah courts which you already despise? Southall is surely a strange anomaly in the British landscape.

I think it means from the women that only had a nikkah ceremony in the past and are not married under UK law, then they will have to turn to shariah courts for divorce settlements rather than the uk civil courts, as the UK courts dont recognize the marriage.

The article implies the shariah courts will be unfair to the women compared to the uk civil courts.

 

[Pakistanian]

There are a lot of Patel Muslims even in Pakistan.

Yeah but no pragnas lol

 

[Gilly]

Because "Praghna Patel" is Muslim?

Her religion is of no consequence, and your response to women being suffering significant harm is to laugh at them.

 

[Pakistanian]

Her religion is of no consequence, and your response to women being suffering significant harm is to laugh at them.

I don't think you care either, Aboriginal women are treated like subhumans in Australia.

 

[troodon]

Question is why are there sharia courts in UK in 2020?

Why is England allowing 2 laws in its own land?

 

[Gilly]

I don't think you care either, Aboriginal women are treated like subhumans in Australia.

You can justify it anyway you like, but its you making that justification.

 

[Pakistanian]

You can justify it anyway you like, but its you making that justification.

It's you oppressing the women.

 

[Gilly]

It's you oppressing the women.

I have nothing to do with sharia law.

Women on the other hand say

"Today's judgment will force Muslim and other women to turn to Sharia 'courts' that already cause significant harm to women and children for remedies because they are now locked out of the civil justice system."

You look lost trying to justify it.

 

[Pakistanian]

I have nothing to do with sharia law.

Women on the other hand say

You look lost trying to justify it.

You have everything to do with Australia's oppression of Aboriginal women, you probably vote for white nationalists that support aboriginal genocide.

 

[Gharib Aadmi]

Its a problem if muslim women believe that sharia courts cause significant harm to women.

From what i have been told by my cousins in England is that the reason people don't register their marriages is to get benefits. So it might not be true that these marriages are hurting women. In fact there will be many cases where they might be benefiting.

 

[Gharib Aadmi]

Question is why are there sharia courts in UK in 2020?

Why is England allowing 2 laws in its own land?

Its not that they are allowing it. People simply get a nikkah done, and don't register it. How will the government know if they are married or not?

 

[Gharib Aadmi]

Because "Praghna Patel" is Muslim?

This person sounds like someone with a savior complex.

 

[Gilly]

From what i have been told by my cousins in England is that the reason people don't register their marriages is to get benefits. So it might not be true that these marriages are hurting women. In fact there will be many cases where they might be benefiting.

As I said the problem is what women believe, if they are wrong then there needs to be some education to get the correct information out there.

 

[Gharib Aadmi]

As I said the problem is what women believe, if they are wrong then there needs to be some education to get the correct information out there.

Will any women say, yea i am not registering my marriage to abuse the benefits system? Maybe some immigrant women might not know the system, but people who were born and bred there know exactly what they are doing.

 

[faraz39]

In Canada people who have lived together for a certain amount of time are treated no different than married couples in divorce cases especially child support. I can't imagine it is very different in UK.

 

[Down2Earth]

Only way I was allowed to get my nikkah done was if I had a registered copy of my court marriage. So not sure why this is being blow out of proportion

 

[MenInG]

Only way I was allowed to get my nikkah done was if I had a registered copy of my court marriage. So not sure why this is being blow out of proportion

Because it suits some agendas.

 

[Musakhel]

Sharia courts have no legal power.

 

[moghul]

Forget about Sharia law, its man made and has been changed according to local mullah's liking, follow the law of the land where you're living, whether its UK or USA or even Pakistan .

 

[Cpt. Rishwat]

Question is why are there sharia courts in UK in 2020?

Why is England allowing 2 laws in its own land?

Because ISIS is only two steps from raising the black flag over Westminster, Trudy. Sad times.

 

[cricketjoshila]

Because it suits some agendas.

In UK dont you have to get your marriage registered by UK courts? Is it not mandatory?

 

[MenInG]

In UK dont you have to get your marriage registered by UK courts? Is it not mandatory?

UK does not recognize an Islamic marriage simple as that.

If you do a Nikah, its not considered marriage in terms of UK law

But as a Muslim, one has to have Nikah so the local imams do that.

Now to make sure people dont abuse this, the imams will insist on a UK civil marriage contract before doing the Nikah.

 

[cricketjoshila]

UK does not recognize an Islamic marriage simple as that.

If you do a Nikah, its not considered marriage in terms of UK law

But as a Muslim, one has to have Nikah so the local imams do that.

Now to make sure people dont abuse this, the imams will insist on a UK civil marriage contract before doing the Nikah.

So its sort of mandatory by practice.

In India its mandatory to get the marriage registered.

Like i got married as per hindu rituals.

Then presented the marriage photos and card to get the marriage registered. Without it none of our official documents will show us as married .

 

[MenInG]

So its sort of mandatory by practice.

In India its mandatory to get the marriage registered.

Like i got married as per hindu rituals.

Then presented the marriage photos and card to get the marriage registered. Without it none of our official documents will show us as married ��.

Yep same in UK

Whether you choose to follow Shariah etc is your choice - no one is holding a gun to your head for that.

 

[cricketjoshila]

Yep same in UK

Whether you choose to follow Shariah etc is your choice - no one is holding a gun to your head for that.

Then why was this marriage not registered. Likely the guy always wanted to take advantage of a loophole in the law.

 

[Justcrazy]

Then why was this marriage not registered. Likely the guy always wanted to take advantage of a loophole in the law.

It can be two things , either it was because of negligence , or it was intentional.

 

[161]

Its a problem if muslim women believe that sharia courts cause significant harm to women.

And the civil system is harmful to men and children