U.K. Court Can Dissolve a Muslim Marriage, Judge Rules
Source: The New York Times
LONDON — A Muslim woman can have a British court dissolve her religious marriage and divide the couple’s assets even though the union is not recognized under British law, a judge has ruled, a rare finding with potential implications for the rights of thousands of women.
The Royal Courts of Justice in London. A justice ruled on Thursday that the courts could dissolve a religious marriage even if it was never registered with civil authorities. We have the best collection for women rights. The Muslim Times is promoting secularism in every country of the world
In Britain, most Muslim couples who are wed in religious ceremonies do not register their marriages with civil authorities, surveys have found. That step is necessary to make a marriage legally valid. Their marriages have existed only under Shariah, the legal code of Islam based on the Quran, and could be ended only under Shariah, because British courts did not acknowledge the existence of the unions. The circumstance often put women at a significant disadvantage.
But British law recognizes a gray area: a marriage that is not legally valid, but is real enough that a judge can acknowledge it — and declare it void. Crucially, when a court voids an invalid union, just as in a divorce, the judge can also decide matters like support payments and division of property.
interesting and tricky. At first the marriage is not recognized and then the judge can ‘separate’? But as it is better for the ladies we should appreciate it. Even better would be to recognize the Islamic marriages in the first place. I think some work needs to be done in this direction.
I think the UK law system has made a mess of the Islamic marriages however I believe that there is still hope that there is light at the end of the tunnel. As Mr Rafiq mentioned that at least now the court systems are not recognizing the Islamic marriages as legitimate marriages so they have the authority to dissolve the aswell. So something should be presented to the law and courts to change their minds and win their hearts. Which is exactly what Ahmadiyya Muslim Community is known for, spreading true Islam. Love for All, Hatred for None.
But marriage is not recognized by courts because the Muslims did not register. They should register. UK courts are better guardians of women rights than the so called, “Shariah Courts,” which often are merely an obsession with the past.
Dear Zia—-I agree with your statement as follow:
#They should register. UK courts are better guardians of women rights than the so called, “Shariah Courts,” which often are merely an obsession with the past.
Reply#
Muslim who live in the West havd bring the modrenization of Islam. We should not follow the old law 15 century ago.
Hopefully young Ahmadiyyah like Zia can bring Modren Islam that fit or relevant in modren time, our time.
All love ❤️
We have to understand the traditional laws in the context of time and the country we live in.
It is a good judgment.
So no registrating the marriage is the real culprit, well then that is very lazy and sad on the part of the Muslims who do register. I know that the Ahmadiyya Muslim Community requires you to abide by the laws of the land that you reside in, so when I was married I has to register my marriage in Canada right away, no questions asked, no excuses.
well, register when you can, I would say. As Swiss are not supposed to have multi marriages my second marriage is not registered. We should make private arrangements to ‘balance’ entitlements. (In Indonesia for a foreigner to register a marriage he needs a ‘no objection certificate’ from his embassy, which the one who has already a wife cannot get).
Its really very confusing.
I think the Islamic marriages have to be registered in first place to get void..
It can cause so much complications in the process of separation.
I know enough to say that under the Westminster system Judges DO NOT make law; in their judgements and interpretations they may shift the meaning of legislation, but that is by stealth. Judges do not make law under the Westminster system – and that is the law in England and Wales.fayetteville bondsman
@ Hal, I do not wish to pursue this any longer. It is becoming quite tiresome for me and i will not convince you. But are you aware of what is common law and how it st made? You speak of statute law only. As the blogmeister is wont to say, you may have the last word!