A high court judge has decided that a couple’s Islamic marriage falls within the scope of English matrimonial law, in a ruling that could have implications for thousands of Muslims in the UK.
Earlier this year an independent review of sharia councils recommended that Muslim couples register a civil marriage as well as a religious ceremony to provide the women full protection under the law.
The review, instigated by Theresa May in 2016 wile she was home secretary, concluded that a majority of Muslim couples did not register their marriages under English civil law, and therefore “some Muslim women have no option of obtaining a civil divorce”.
A survey last November found that most married Muslim women in the UK had had a nikah and almost two-thirds had not had a separate civil ceremony.
My experience of 25 years as a lawyer specialising in Islamic marriage and divorce is that this is not only a major problem but a growing problem. My anecdotal evidence suggests that in the last five years the proportion of people under 40 having nikah-only marriages is as high as 80%.
Very important issue. Just as important an issue is the fact that HMRC do not recognise recognise overseas marriages when it comes to inheritance taxatiin calculations. Not many people are aware of this and it can lead to a signufusign percentage of inheritance tax liability. My family and I experienced this when my father passed away.