Thousands of Muslim couples in the UK participate in Islamic wedding ceremonies each year, often without realising that their marriage may not be officially recognised under English law. 

This can have serious consequences if they later wish to divorce, as they may find the courts refuse to accept they were ever married, leaving them without any automatic rights to a share in what they may have thought were marital assets. 

The Case of Nasreen Akhter and Mohammad Shabaz Khan 

The issue was highlighted in a recent case before the Court of Appeal involving Nasreen Akhter and Mohammad Shabaz Khan, who had an Islamic marriage ceremony at a London restaurant in 1998. 

They knew that the ceremony did not meet the requirements of the Marriage Act 1949 and therefore did not create a valid marriage, so they intended to follow up with a civil ceremony soon afterwards to comply with English law. However, no such ceremony was performed, despite the wife, Akhter, pressing for one. 

The couple subsequently had three children, and the wife petitioned for divorce in 2016. The husband said they could not divorce because they were not legally married. The wife argued that there should be a presumption of marriage and sought a decree of nullity under the Matrimonial Causes Act 1973. 

The High Court declared the marriage void, but the issue then became more complex when the Attorney General intervened and appealed against the ruling to establish a point of law. 

Non-Marriage vs. Void Marriage 

The issue was whether the 1998 ceremony created a “non-marriage” or a “void marriage”. 

The distinction is important. If the marriage was void, the ‘wife’ would be entitled to apply for financial remedy orders to get a share of the ‘marital’ assets and protect her financial interests. If it was declared a non-marriage, she would have no such rights. 

The Court of Appeal held that the couple’s Islamic ceremony was a non-qualifying ceremony and did not even create a void marriage. The ruling has serious implications for Muslim couples who have only taken part in a religious wedding ceremony. 

Legal Requirements for a Valid Marriage 

Couples planning religious weddings should ensure they comply with the legal requirements needed to create a legally valid marriage. Some of the key points are: 

– You must be 16 or over 

– Not already married or in a civil partnership 

– Not closely related 

– The ceremony must be performed in a registered building 

– A registrar or authorised person must be present 

– Prior notice must have been given to the superintendent registrar 

– A marriage certificate must be issued 

Practical Steps for Compliance 

The simplest approach might be to have a civil as well as a religious ceremony, but if that is not considered appropriate, couples should ensure their ceremony adheres to the legal requirements to ensure they are married in accordance with the law.  

Conclusion  

Ensuring that your Islamic wedding is legally recognised under English law is crucial for protecting your rights and those of your spouse. By understanding the legal requirements and taking the necessary steps, you can avoid potential complications and ensure your marriage is valid in the eyes of the law.