Estranged couple’s Islamic marriage dominated void by decide (News)

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The Royal Courts of Justice in The Strand, London

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A lawyer stated the ruling may have a wider implication for different faiths

A Excessive Court docket decide has dominated that an estranged couple’s Islamic religion marriage falls throughout the scope of English matrimonial regulation.

Nasreen Akhter and Mohammed Shabaz Khan held an Islamic marriage ceremony ceremony in a west London restaurant in 1998.

Mr Khan wished to dam a divorce software on the idea that they don’t seem to be legally married underneath English regulation.

However Mrs Akhter, 46, stated the Islamic religion marriage constituted a legitimate marriage underneath English regulation.

Mr Justice Williams analysed the couple’s dispute at a current trial within the Household Division of the Excessive Court docket in London and has introduced his choice in a written ruling.

He dominated that the wedding falls throughout the scope of the 1973 Matrimonial Causes Act, regardless of Mr Khan, 46, arguing the wedding was “underneath Sharia regulation solely”.

The decide determined that the wedding was “entered into in disregard of sure necessities as to the formation of marriage”.

He stated the wedding was due to this fact “void” and Mrs Akhter is entitled to a decree of nullity.

‘Skilled assessment’

Barrister Paula Rhone-Adrien, who led Mr Khan’s authorized crew, had instructed the decide that the case may have implications for folks of quite a lot of faiths.

An specialists’ assessment into the appliance of Sharia regulation was printed in February after being commissioned by the Dwelling Workplace.

Prime Minister Theresa Might had requested for a assessment when she was Dwelling Secretary.

She wished to discover whether or not Sharia regulation was being utilized in a method that was incompatible with home laws.

A panel of specialists, which included a tutorial and legal professionals, stated Muslim {couples} must be required to bear civil marriages along with Muslim ceremonies to convey Islamic marriage legally into line with Christian and Jewish marriage.

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