Select pointers Muslim couple’s sharia wedding ceremony not legit leaving partner ‘restricted’ payout in divorce row

A MUSLIM girl’s 18-year Sharia marriage was not legit beneath English laws, leaving her with restricted claims to a divorce payout.

The landmark court docket docket ruling at current decided that Nasreen Akhter and Mohammed Shabaz Khan’s Islamic marriage ceremony, which had taken place in entrance of 150 guests at a London restaurant, had “no authorized impact”.

The landmark ruling means Mrs Akhtar is powerless to say money or property from her former husband within the an identical strategy a legally married accomplice can
PA:Press Affiliation
Mr Khan claimed his former partner was not entitled to divorce, arguing the couple weren’t married beneath English laws
PA:Press Affiliation

The Courtroom of Attraction judges’ alternative means Mrs Akhtar is powerless to say essential sums of money from Mr Khan within the an identical strategy a legally married accomplice can.

She may have a “restricted” declare to cash, property and pensions and isn’t entitled to any repairs from her Muslim husband.

Ms Akhter filed for a divorce alongside together with her former husband after their relationship broke down in 2016.

Nevertheless Mr Khan blocked the switch, arguing the couple weren’t married beneath English laws, solely beneath sharia or Islamic laws.

Ms Akhter said she had seen Mr Khan as her husband, and he had “at all times launched me as his spouse”.

The pair have four youngsters collectively and had alleged to adjust to their nikah ceremony with a civil ceremony beneath English laws.

Nevertheless the extreme court docket docket heard that Mr Khan refused to bear with a approved course of no matter frequent efforts by Ms Akhter to steer him.

The Courtroom of Appeals’ ruling means Ms Akhter is powerless to say essential sums of money or property from Mr Khan within the an identical strategy a legally married accomplice can.

Campaigners claimed the landmark judgment could have “profoundly discriminatory penalties” for girls and upholds an antiquated system of marriage.

They argued the ruling will energy Muslim women to indicate to “unaccountable” Sharia courts in divorce and family circumstances.

Pragna Patel, director at advertising marketing campaign group Southall Black Sisters, said: “At the moment’s judgment will energy Muslim and completely different women to indicate to Sharia ‘courts’ that already set off essential harm to women and kids for cures on account of they’re now locked out of the civil justice system.”

Charles Hale QC, of 4 Paper Buildings, who represented Ms Hussain sooner than the Courtroom of Attraction, said: “The legislation in these circumstances just isn’t maintaining with society.”


“These weak ladies want higher safety than the legislation at present supplies.”

In 2018, an neutral evaluation of sharia councils actually useful that Muslim {{couples}} must endure a civil marriage along with a religious ceremony to supply women security beneath the laws.

The evaluation, instigated by Theresa May in 2016 when she was home secretary, found {{that a}} essential number of Muslim {{couples}} didn’t register their marriages beneath civil laws, and “some Muslim ladies don’t have any possibility of acquiring a civil divorce”.


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