Locked Out

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The Court of Appeal overturned found a decision that an Islamic marriage fell a in English Law ,

A court reversed a judgment of two years ago, it turned out that a married couple had an Islamic marriage ceremony could legally divorce.

The High Court decided in the year 2018, the couple fell to the Islamic "nikah" ceremony in English marriage law.

But the Court of Appeal has now said that it is an "invalid" non-legal ceremony.

the judge said, the fact that you intended, meant a further civil ceremony, you must have known your Islamic marriage has no legal effect in the UK.

The Attorney General appealed against the original court decision.

in The case of a divorce from Nasreen Akhter and Muhammad Shabaz Khan went on the have four children.

The couple had an Islamic marriage ceremony in a west London restaurant, which took place in 1998 in The Presence of an imam, and about 150 guests, but no wedding after that, in spite of Mrs Akhter, the question is repeated.

they separated in the year 2016, and Mr Khan is not trying to block his wife's divorce petition two years ago on the basis that they had legally married in the First Place .

'Sharia law only'

Mrs Akhter Islamic faith argued, was The Marriage valid, your request for a divorce was and that they offered entitled to the same legal protection, and settlement in the UK legally married Couples .

your request for a divorce was analysed during a hearing in The Family Division of The High Court and

He decided that since the couple was from all over The World as a man and a woman, MS Akhter was right, and their union recognised, it should be because their vows had similar expectations of a British marriage-contract.

He added that The Marriage fell within the framework of the 1973 Matrimonial causes Act, although Mr Khan argued that marriage is "under Sharia law only".

the justice Williams, said Ms. Akhter was therefore entitled to an annulment.

The Court of Appeal overturned that decision on Friday and said The Marriage was invalid under English marriage law.

He said The Wedding was "a non-qualifying ceremony", because it was not executed in a building, the times registered for high, be issued, no certificates, and no Chancellor was present.

"not marry The parties, under the provisions of the English Law ," The Appeal judges said.

Neither woman Akhter Mr, Khan played each part in the complaint.

Pragna Patel, Director of Southall Black Sisters, a not-for-profit organisation, said: "today's decision will force you to turn Muslim and other women, to the Sharia "courts", which is already significant damage to women and children, for a remedy, because they are now blocked from the civil justice system. "

A in the year 2017, said Muslim Couples should be required to take part in civil marriages in addition to not bring the Muslim ceremonies, Islamic marriage, legally, in accordance with the Christian and Jewish marriage.

Analysis

Dan Johnson , Bbc News correspondent

There are thought to be thousands of Couples who have participated, followed by an Islamic wedding, but not necessarily a civil marriage.

the lawyers say, this creates a precedent, where there are thousands of in particular Muslim Women , in a relationship break-up, without the protection that they maybe should have.

Now for the specific couple of things have worked out well. You have worked to negotiate between these so this ruling has no impact on your future.

But The Attorney General of this appeal was prosecuted, presumably because the government thinks it is important to restrict what is really formal as a marriage.

I think other attorneys are keeping a close eye on this, because they believe it could have an impact on so many other Couples .

high court, marriage

Source of news: bbc.com