The short answer to this question is no. In and of itself, an Islamic marriage contract or ‘Nikah’ is a religious marriage ceremony binding under ‘Sharia Law’ only. Whilst you, your friends and your family may consider that you are married after an Islamic ceremony, a common misconception is that such a ceremony is legally binding in England and Wales as well. If you have undergone a ‘Nikah-only ceremony’ and have not registered your marriage in the UK through a civil ceremony, then you are considered cohabitees only in the courts of England and Wales.
There are limited exceptions to this rule. If for example you married in a mosque, which has been registered for the solemnization of marriages in England and Wales (section 41 of the Marriage Act 1949), then the marriage may be considered legal. To clarify whether your mosque is registered you can search government records of the places of worship registered for marriage, which can be found here: – https://www.gov.uk/government/publications/places-of-worship-registered-for-marriage
Alternatively, if you are a British national who has travelled overseas and have married via an Islamic marriage ceremony, your marriage may be considered legally valid if certain criterion has been met within the specific country you have travelled to. Your marriage will be recognized in the UK if both of the following apply:
- You have followed the correct process in the country where you got married for it to be legally recognized. For information on what specific procedures need to be met in the country you have married, visit: https://www.gov.uk/marriage-abroad; and
- The marriage would be allowed under UK law. Please see the governments explanatory note on allowable marriages here: https://www.gov.uk/marriages-civil-partnerships
So, what does this all mean practically?
If you have validly registered your Islamic ceremony (through a civil ceremony or other method detailed above), upon separation you will need to follow the divorce process for both Islamic and civil divorces. All financial matters and legal matters should be addressed during the civil divorce process, as an Islamic Sharia Council does not have the power to legally decide how your assets are to be settled.
In circumstances where the Islamic ceremony has not been validly registered, on separation as a cohabitee you will not have the same automatic rights as a couple in a civil marriage. As there is no such thing as a ‘common law spouse’ within the courts of England and Wales, any such any claim to ‘financial remedy’ for a cohabiting couple will largely be limited to only claims against property in which you have a legal or beneficial interest in. Such an application would be a civil claim brought under the Trust of Land and the Appointment of Trustees Act 1996, which is far more limited in its application. Please see our blog on this topic for further information on how assets are dealt with upon separation for cohabiting couples: https://www.mcalisterfamilylaw.co.uk/news/when-unmarried-couples-split-what-happens-to-your-property/.
Unfortunately as much as 60% of married Muslims in the UK have fallen under the misconception that their Nikah will be recognised in the UK and have not registered their marriage, this widespread lack of awareness can often leave people in the Muslim community very financially vulnerable upon separation, particularly women. Separations can at the best of times be difficult to navigate, so if you have concerns about your position upon separation and question whether your Islamic marriage is indeed valid in the UK, please do not hesitate to contact a member of our specialist divorce team and we will be happy to assist.
