Roundtable on Islamic Family Law in the UK :: The Need for an Efficient Mechanism to Marry (Akhter v. Khan, July 2018)

Vishal Vora comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. Dr. Vora takes a closer look at Islamic family law in the UK in The … Continue reading Roundtable on Islamic Family Law in the UK :: The Need for an Efficient Mechanism to Marry (Akhter v. Khan, July 2018)

Roundtable on Islamic Family Law in the UK :: The Move Toward Cohabitation: Islamic Marriage in England and Wales

Hadeer Soliman and Vishal Vora analyze the ongoing examination of the legal status of Islamic marriages and divorces under UK law using Al-Saedy v. Musawi (2010), Dukali v. Lamrani (2012), MA v. JA (2012), and the July 2018 decision of Akhter v. Khan (2018). This piece was originally published on the SHARIAsource Portal. Introduction State level discussions, suggested legislation, and case law surrounding Islamic … Continue reading Roundtable on Islamic Family Law in the UK :: The Move Toward Cohabitation: Islamic Marriage in England and Wales

Roundtable on Islamic Family Law in the UK :: Re-opening the Debate on the Law of Marriage as a Whole (Akhter v. Khan, July 2018)

Ralph Grillo comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. I hesitate to intervene in a roundtable on what is a complicated legal decision. As … Continue reading Roundtable on Islamic Family Law in the UK :: Re-opening the Debate on the Law of Marriage as a Whole (Akhter v. Khan, July 2018)

Roundtable on Islamic Family Law in the UK :: UK Courts recognize the Islamic law equivalent of a “semblance of marriage” (Akhter v. Khan, July 2018)

Intisar A. Rabb comments on the High Court of Justice of England and Wales’ recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. Case Akhter v. Khan, Case No. Case No: ZC16D00278, [2018] EWFC 54 (UK High … Continue reading Roundtable on Islamic Family Law in the UK :: UK Courts recognize the Islamic law equivalent of a “semblance of marriage” (Akhter v. Khan, July 2018)

Roundtable on Islamic Family Law in the UK :: Islamic Marriage and English Divorce – a new Decision from the English High Court

Guest contributor Ralf Michaels writes at Conflict of Laws on the High Court of Justice of England and Wales' recent decision on the Akhter v. Khan case. The case is one example of the ongoing examination of the legal status of Islamic marriages and divorces under UK law. Original post here. In England, almost all … Continue reading Roundtable on Islamic Family Law in the UK :: Islamic Marriage and English Divorce – a new Decision from the English High Court

Case Commentary: Recognition of Islamic Marriage in the UK

A UK family court considered whether and how UK law recognizes a marriage conducted according to Islamic law that had not been accompanied by a civil law marriage. The husband contended that the couple was never married, and the wife—petitioning for divorce—insisted that they were. The two had signed an Islamic marriage contract (nikāḥ) accompanied … Continue reading Case Commentary: Recognition of Islamic Marriage in the UK

In the News: Muslim Marriages in the UK

Last week, an English High Court judge ruled in favor of a Muslim woman seeking a divorce from her husband, despite the fact that their marriage was never formally registered in the UK. The couple performed an Islamic nikāh ceremony 20 years ago, which recognized the marriage on religious terms. However, the judge found that … Continue reading In the News: Muslim Marriages in the UK

In the News: Sharīʿa Courts in the UK

A recent article in The Huffington Post profiled Dr. Amra Bone, the first female “sharīʿa court” judge in the UK. As a member of the Sharia Council at Birmingham Central Mosque, Dr. Bone hears divorce cases from Muslim couples seeking to get divorced in accordance with their religious traditions (in 2016, she and her colleagues … Continue reading In the News: Sharīʿa Courts in the UK

Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

The appellate court upheld the Superior Court of Orange County’s refusal to divide marital property in the context of a divorce according to Islamic law. The plaintiff introduced a marriage certificate as a “premarital contract,” which, among other things, lays out a set amount to be paid to the wife in the event of a divorce. … Continue reading Islamic Law in U.S. Courts: In re: The Marriage of Ahmad & Shaifia Shaban (Cal. Ct. App. 2001): Marriage Certificate as Prenup

Contemporary Primary Sources: Taffa & Taffa [2009] FamCA 85

The parties, of Lebanese background, were married in Kuwait in 1973, though had moved to Australia in 1985 and maintained dual citizenship. In October 1998 the parties divorced Islamically through a local Islamic centre, then in November 1998 attended the Lebanese embassy and executed a power of attorney to allow their respective lawyers in Lebanon to proceed … Continue reading Contemporary Primary Sources: Taffa & Taffa [2009] FamCA 85