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  1. #1
    moonlight1's Avatar

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    Default Does islamic marriage valid in uk?

    Hello, please could you tell me if Is it true that if Islamic marriages (known as Nikkah) are not recognised in the UK?
    And if couple have had an Islamic marriage in the UK but have not had a formal Civil ceremony in the UK then one of does not need to obtain a divorce papers
    in the UK?
    Thank you for your help/advice.

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    seduraed's Avatar

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    Default Re: Does islamic marriage valid in uk?

    I would check with the local registry office.
    As I understand it all marriages have a vivid element. This is the formal public announcement of the wedding. Informing the registrars office and arranging a date.
    Atthe the wedding a registering officer needs to be present. This can be the person who conducts the wedding as church of england or the registering officer and clerk for a quaker wedding. Or a separate civil ceremony needs to be carried in front of a registrar.
    So if neither of those occurred the wedding is not valid under UK law but is merely cohabiting.

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    Amethyst's Avatar

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    Default Re: Does islamic marriage valid in uk?

    Legally Nikah 'marriages' are not recognised in the UK. Therefore the couple are classed, legally, as cohabitees, and no divorce is required. ( crossed posts - basically what seduraed said then )

    I think there is a ceremony available at a mosque to unwind the Nikah though - for religious reasons - Talaq? It's not something I know much about.
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    Amethyst's Avatar

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    Default Re: Does islamic marriage valid in uk?

    This article seems like a decent overview. http://www.curtislaw.co.uk/latest-news/islamic-divorce/
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    Kati's Avatar

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    Default Re: Does islamic marriage valid in uk?

    No ... a Nikah on it's own is not recognised as a legal marriage in the UK

    http://www.familylaw.co.uk/news_and_...h#.WT-tr_uq97M
    most people do not know is that having just an Islamic Nikah does not create a legally recognised marriage with the couple still classed as a non-married couple in the eyes of English law. Therefore, should the marriage break down, the parties to that marriage will not have the same protection of the law as they would have if they had a Registry marriage performed.
    http://muslimmarriagecontract.org/registration.html
    There are so far no reliable statistics on what proportion of Muslims who get married in Britain have both a civil marriage (e.g., in a registry) and a nikah, or just a civil marriage, or just a nikah.
    However, it is clear that many thousands of couples, for one reason or another (and often for all the wrong reasons), are only in what is locally known as a “nikah” – a marriage that is not accompanied by a civil marriage and is therefore not recognised by the law in Britain.
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    Default Re: Does islamic marriage valid in uk?

    Quote Originally Posted by Amethyst View Post
    I think there is a ceremony available at a mosque to unwind the Nikah though - for religious reasons - Talaq? It's not something I know much about.
    Talaq is for the men (and relatively easy)

    http://www.curtislaw.co.uk/latest-news/islamic-divorce/

    Growing numbers of Muslims are entering nikah contracts without undergoing a civil marriage. Sadly many Muslims believe their nikah contract is registered under English law, only to discover upon divorce that they are merely cohabitees. When there is a valid nikah contract but the marriage is not registered under English law, Birmingham Central Mosque's Sharia Council implements a gender distinct procedure for Islamic divorce.
    Men can divorce their wives unilaterally by pronouncing talaq three times either consecutively or on three separate occasions depending on the Islamic school of thought by which the married couple abide. Once talaq has been pronounced, the wife enters what is known as the idda period which lasts for three menstrual cycles (three months). If the husband and wife reconcile within the idda period, the marriage continues. In the event that they have not reconciled within the idda period, the marriage comes to an end. If the wife is pregnant, she will have to wait until the child is born before the idda period commences.
    The women have to do much more
    Unlike men, women cannot unilaterally divorce their husbands. When a wife approaches the Sharia council to obtain a divorce she is asked to complete an application form, provide an acceptable form of ID, together with a copy of her nikah contract, and pay a fee.There are three types of Sharia divorce following a wife's petition:
    1. Khula is given when a husband and wife have consummated the marriage and the wife asks the husband for a divorce and the husband agrees. Once a khula has been pronounced and the idda period has come to an end, the husband and wife are divorced.
    2. Tafreeq (dissolution) is granted when the husband and wife have consummated the marriage and the wife wants a divorce but the husband refuses to give his wife a divorce. Once the arbitrators agree that a tafreeq should be pronounced and the idda period has come to an end, the marriage is dissolved.
    3. Faskh (annulment) is pronounced by the Sharia council when a marriage is fundamentally flawed (e.g. forced marriage) and the marriage has not been consummated.
    Once the divorce is finalised the petitioner and respondent are issued with an Islamic divorce certificate.
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    Default Re: Does islamic marriage valid in uk?

    Thanks to all of you for your responds.
    I feel sorry for all couples, especially for females ( when they only have Nikkah ceremony.

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    ostell's Avatar

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    Default Re: Does islamic marriage valid in uk?

    And, after doing some research about Egypt matter (another tale) if one partner is non Egyptian then a mosque marriage is not even valid in Egypt. Need to go to a government ministry in Cairo for it to be legal.

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    moonlight1's Avatar

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    Default Re: Does islamic marriage valid in uk?

    If man pronoucing talaq three times to his wife, does she needs to go and obtain divorce papers?

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    Default Re: Does islamic marriage valid in uk?

    Quote Originally Posted by moonlight1 View Post
    If man pronoucing talaq three times to his wife, does she needs to go and obtain divorce papers?
    it doesn't look like it!

    http://www.islamic-sharia.org/talaq/
    Due to the financial responsibilities which he has to bear, the right to divorce in Islam is primarily given to the husband. A Muslim who wishes to divorce his wife is therefore advised – in the first instance – to ask for an arbitration meeting, arranged by elders of the couple so that a reconciliation may be reached. If such efforts fail and the man sincerely thinks he cannot live a harmonious life with his wife, he may divorce her either verbally or in writing. In both cases, it is recommended for there to be two witnesses present on the occasion of the pronouncement of such a divorce.A man should (a) divorce only once and (b) only during the time when his wife is not on her menses and (c) there has been no sexual contact with her since the time of her last menses.After a divorce is pronounced by a husband, his wife must wait for a given period (‘iddat’). During this period, the wife is allowed to stay in the same house, but they can not have sexual relation amongst them.The man is allowed to take her back either verbally saying “I TAKE YOU BACK“, or physically, by having intimate relation with her. if, after this waiting period, the husband fails to take his wife back, then the wife is completely divorced, and must leave the matrimonial home immediately.It is also recommended to have two witnesses present in the case, where the husband decides to take back (‘ruju’) his wife, before the end of the iddat.Where a man has pronounced three divorces, on three different occasions, he can neither take back his former wife, nor remarry her.The Council issues a divorce certificate on the basis of “talaq nama”, signed by the applicant in the presence of two witnesses. The man is required to pay the dower amount in full to the woman.
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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  11. #11
    moonlight1's Avatar

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    Default Re:If Nikah not valid in uk...

    Hello,

    Please could you confirm, coz im confused.

    If nikah on its own not valid/not recognised within UK, ( no civil ceremony under UK law), does it means that I still need get divorce papers? I even don't have any certificate of nikah ceremony. my '' husband '' after few days told me three times talaq and after that we no longer together...

    As far I understand, IF nikah ceremony not valid in UK, I do not need obtain divorce papers.

    Please confirm.

    Thank you

  12. #12
    Amethyst's Avatar

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    Default Re: If Nikah not valid in uk...

    That's right. So far as UK law goes, you are not married.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  13. #13
    moonlight1's Avatar

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    Default Re: Does islamic marriage valid in uk?

    Thank you for confirming!!

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