Recent Scholarship: Registration of Muslim Marriages

Last week’s roundtable discussed the registration of Muslim marriages in modern-day UK. For a historical and comparative perspective, read this article in Islamic Law and Society—written by SHARIAsource Russia, Central Asia & Caucasus Editor Rozaliya Garipova—about the registration of Muslim marriages in nineteenth-century Russia. “Married or Not Married? On the Obligatory Registration of Muslim Marriages … Continue reading Recent Scholarship: Registration of Muslim Marriages

FEATURE :: Roundtable on Islamic Family Law in the UK: Akhter v. Khan (July 2018)

Six scholars and practitioners of Islamic family law and related subjects weigh in on the recent high-profile case of Islamic divorce in the UK, Akhter v. Khan issued by the High Court of Justice of England and Wales.  At the tail end of last month, a UK court decided a case of family law that has reverberated … Continue reading FEATURE :: Roundtable on Islamic Family Law in the UK: Akhter v. Khan (July 2018)

Roundtable on Islamic Family Law in the UK :: Engaging with the Terms of the Marriage Act of 1949

Rebecca Probert 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. The key problem with the decision in Akhter v Khan and the Attorney General – as … Continue reading Roundtable on Islamic Family Law in the UK :: Engaging with the Terms of the Marriage Act of 1949

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)

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

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: Report on Muslim Marriage and Divorce by Muslim Women’s Network UK

MWNUK published this report to inform Muslim women in Britain about their rights regarding marriage and divorce. It includes case studies and answers questions they commonly receive. Written to also assist academics, policymakers, religious authorities, and other relevant organizations, the report provides a comprehensive overview of the secular and religious legal problems Muslim women may … Continue reading Contemporary Primary Sources: Report on Muslim Marriage and Divorce by Muslim Women’s Network UK