Anaya Nolan
Islamic marriage, or Nikah, is not recognised by UK law if it takes place in an unregistered building and is not followed by a civil ceremony. This means that in the event of a divorce, women are left in a vulnerable position as they have no financial security. Under Sharia Law, a husband can divorce his wife by saying 'talaq' three non-consecutive times, without addressing the division of any matrimonial assets. However, if the Nikah ceremony takes place in a country where it is legally recognised, it will also be recognised as a legal marriage in the UK.
| Characteristics | Values |
|---|---|
| Islamic marriage recognised in UK law | No, unless it is registered as a civil marriage in the UK or in a country where Sharia marriages are recognised by law |
| Islamic marriage recognised in another country | Yes, if the marriage is considered legally valid in the country where the ceremony was performed |
| Divorce recognised in UK law | Yes, if the divorce is finalised in the UK or if there is proper documentation that proves the divorce was granted |
| Sharia councils recognised in UK law | No, Sharia councils have no legal status or binding authority under civil law |
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What You'll Learn
Islamic marriages performed outside the UK
However, if a couple only had an Islamic marriage ceremony without a civil ceremony in the UK, they will need to obtain a declaration of marriage to be treated as legally married under English law. Obtaining such a declaration can be expensive and time-consuming, and there is no guarantee of success. This is because the spouse may argue that the Nikah wasn't an official marriage to avoid financial claims under English divorce law.
In the case of a divorce, a "Talaq", or the husband ending the marriage by saying "talaq" three non-consecutive times, will not be sufficient for the UK courts. The couple will only be considered divorced under UK law if they obtain a civil divorce. If one of the partners remarries after only a "talaq", it will be considered bigamy, which is a punishable crime in the UK.
To summarise, couples who wish to have their Islamic marriage recognised in the UK and access financial security and other benefits should either perform the Sharia marriage ceremony in a country where it is legally recognised or participate in a civil marriage in the UK in addition to the Nikah ceremony.
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Islamic marriages performed in the UK
If a couple wants their Islamic marriage to be recognised in the UK, they must either have the Nikah ceremony in a country where it is legally recognised or have a civil marriage in the UK in addition to the Nikah ceremony. This is because, under English law, couples who are only in a Nikah and who did not get a civil marriage are considered to be a "co-habiting couple". This means that they do not have the same rights as couples in a civil marriage, such as the right to claim over half of their spouse's property and assets.
If a couple has an Islamic marriage ceremony in the UK and wants to get divorced, they may need to obtain a civil divorce in addition to their Islamic divorce, depending on where the Nikah ceremony took place. If the Nikah took place in a country where it is legally recognised, then a civil divorce is not required. However, if the Nikah took place in the UK, then a civil divorce is necessary.
The UK government has expressed concern about the lack of legal protections available following an unregistered Islamic marriage and has indicated that it is considering limited law reform.
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Islamic divorce proceedings
Islamic marriage ceremonies, or Nikah, that take place in unregistered buildings in the UK and are not followed by a civil ceremony are not recognised as legally valid in the country. This means that in the case of a divorce, the couple will not be able to access the same financial securities as those who are legally married.
In Islam, divorce is permitted as a last resort if it is not possible to continue a marriage. Classical Islamic law is derived from the Quran and hadith, using methodologies developed by different legal schools. The main categories of Islamic customary law are talaq (repudiation), khulʿ (mutual divorce), and faskh (dissolution of marriage before the Religious Court).
Divorce proceedings according to Islamic law differ depending on whether they are initiated by the husband or the wife. If the husband initiates the divorce, it is known as talaq and can be done verbally or in writing. The husband can say 'talaq' three non-consecutive times, without addressing the division of any matrimonial assets. However, upon talaq, the wife is entitled to the full payment of the dowry or mahr if it had not already been paid. The husband is also obligated to financially support her until the end of a waiting period of three months or three menstrual cycles ('iddat').
If the wife initiates the divorce, she has two options. The first is to return her dowry to end the marriage, known as khula. Alternatively, the wife can use a different procedure which usually involves an application to a Sharia Council. It is important to note that Sharia Councils have no legal status or binding authority under civil law in the UK. While they can offer advice relating to marriage and divorce, any civil matters must be addressed through the UK legal system.
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The legal status of Sharia Councils
Sharia councils, which first appeared in the UK in the 1980s, deal with aspects of Islamic law and offer advice relating to marriage and divorce. They are often accused of operating a "'parallel legal system'" in the UK, but their rulings have no legal standing or enforcement powers. The Sharia Councils have no legal status and no legal binding authority under civil law. The Islamic Sharia Council (ISC), for example, provides legal rulings and advice to Muslims in accordance with its interpretation of Islamic Sharia based on the four Sunni schools of thought.
The government has expressed concern about the lack of legal protections available following an unregistered marriage and allegations of discrimination, considering limited law reform. In 2019, the Parliamentary Assembly of the Council of Europe passed a resolution raising concerns about the operation of Sharia councils in the UK and calling on the country to make it a legal requirement for Muslim couples to register their marriages civilly.
Sharia councils argue that they offer Muslim women a way out of religious marriage. However, critics argue that these councils can leave vulnerable people trapped in abusive situations. For instance, in a divorce proceeding, if the woman is seeking the divorce, she has to return the dowry to the man, or else the divorce cannot proceed. In another instance, a Muslim woman seeking advice was reportedly directed to a "controversial cleric" who urged her to give up her custody dispute with her abusive husband and "hand over full custody of her seven-year-old child" to him.
While the government supports religious freedom, it maintains that national law will always prevail in conflicts with religious practices.
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The legality of polygamous marriages
Polygamous marriages are not recognised in the United Kingdom, and it is illegal to perform one. Bigamy is a statutory offence in England and Wales, and those found guilty of the crime can face up to seven years in prison, a fine, or both. The offence is created by section 57 of the Offences against the Person Act 1861 and section 11 of the Matrimonial Causes Act 1973.
However, there are some exceptions and workarounds. If a polygamous marriage is performed in a country where it is legal, and the parties are domiciled in that country, the UK courts will recognise it as a legal marriage. In these cases, if one spouse wishes to divorce, a civil divorce is required, as a 'talaq' will not be sufficient. If one spouse remarries after only a 'talaq', it will be considered bigamy, which is punishable by law in the UK.
There is also some anecdotal evidence of people entering into a form of polygamous marriage in the UK through unregistered religious ceremonies that are not recognised under UK law. These relationships do not carry the same rights as legally married couples, such as access to financial remedies on divorce or automatic inheritance rights.
In terms of immigration, a UK resident cannot sponsor a non-British/Irish national for permission to enter or remain in the UK as their spouse if another person has already been granted such permission and the marriage has not been dissolved. However, it is possible for all parties to a polygamous marriage to be legally present in the UK through different immigration categories.
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Frequently asked questions
If a couple has undertaken the Islamic marriage ceremony (Nikah) in a country where such a marriage is legally recognised and then moved to the UK, the UK courts will also recognise it as a legal marriage.
If a couple only completes the Nikah in the UK, their marriage will not be recognised by English law. The UK Courts will only consider it to be a religious ceremony, and therefore it will not carry any legal weight.
Couples who are not legally married in the UK will be considered cohabiting couples and will not have the same legal rights as married couples. They will have fewer rights over their spouse's pension and other benefits. In the event of divorce or death, they will also face difficulties.
Couples who marry under Sharia law should ensure that their marriage is recognised in the country where the ceremony took place. If the Nikah ceremony is performed in a country that recognises Sharia law, the marriage will be recognised by UK law. Alternatively, couples can opt for a civil marriage in addition to their Islamic marriage.
