Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
editor@familylaw.co.uk.
The Islamic marriage conundrum
© Copyright LexisNexis 2024. All rights reserved.
In May 2015 an important conference was held at the Institute of Advanced Legal Studies to consider the conundrum of the non-registration of many marriage ceremonies between Muslims. In attendance were many practitioners including judges solicitors and barristers many studying the interrelationship between Islamic law and practice and national law and practice imams and those running sharia councils and many others concerned with Islamic family matters.
The problem can be easily put. There are many members of the Islamic community who are taking part in wedding ceremonies in England and Wales which do not constitute marriage according to English law. Sometimes only one party is aware that it is not also an English civil law marriage. Sometimes both are unaware. Sometimes it is deliberate by one of the parties that the other party is not aware.
Yet for the couple concerned their faith their family and their particular community it is marriage. However the fact that it is not registered as a civil marriage causes problems for the couple or sometimes just one of them during the marriage and particularly if it breaks down.
It was said at the conference that there is...
Read the full article here.
