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The Appeal Court Rules a Nikah Has No Legal Standing in British Law

by in Relationships on 17th February, 2020

The court of appeal in England has ruled that a nikah is not valid under English law, the judgment was delivered on Friday the 14th of February and referred to nikah marriages as “non-marriages”. This means that all Muslims wishing to get married must do so legally through a civil ceremony in order to be recognised. Many imams have already been performing a nikah only when the civil is completed, London Central Mosque state on their website that the civil certificate is “extremely important”.

For further information from London Central Mosque visit the website.

Daniel Jones, from the law firm BLM, said the appeal court judgment was “a real blow for all concerned”.

He added, “The decision … will leave Muslim women in the UK in legal limbo, compelled to turn to sharia councils to pursue Islamic divorce. This often involves lengthy delays and does not afford women the same financial protections as would be granted if their ceremonies were recognised as a marriage under English law.”

The judgment came as a surprise to many as it overturned an earlier high court ruling that in fact stated Islamic marriage did come under English matrimonial law.

Aina Khan, international family lawyer and marriage law reform campaigner for register our marriage welcomes the changes as “we needed clarity in the law”. A religious marriage that is not registered under English law is not going to qualify for any financial rights as it is a non-marriage. Khan says only women who are wealthy enough to go to court or who have connections with lawyers to go to court struggle to get justice. In order for a nikah marriage to protect women financially, a civil must be done.

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Selina Bakkar

Selina Bakkar

I'm a simply striving to be better and improve in different areas of my life through more self awareness, experiences and learning more about the deen. You'll find me talking about community, connection, planting & growing, seeking the truth in an age of propaganda and misinformation. This year I want to document more to do with food heritage and history so watch this space or reach out. Have a listen to the Amaliah Voices podcast where I talk passionately about Islam, nature, motherhooding and back home. Link in bio peeps. To join the Amaliah Writer Community email me at selina@amaliah.com IG: SelinaBakkar