What constitutes a valid Islamic marriage?
– A valid Islamic marriage requires mutual agreement, two adult witnesses and a marriage gift (mahr) to be paid by the groom to the bride.
– Many muslim couples also have a marriage contract (nikah) in which they seek to agree terms and conditions of their future together.
The above conditions are sufficient to create an Islamic marriage in accordance with Sharia law. If the marriage takes place in a country which recognises Sharia marriages as valid then in the eyes of English law the marriage will be valid. However, if the marriage takes place in England, it will not be recognised as valid unless the marriage takes place at a registered venue, such as a registered mosque.
Divorce under Islamic law
A talaq or ‘declaration of divorce’ is used to end an Islamic marriage. The rules vary significantly depending on the country in which this is performed. Under Islamic law, following the talaq, a period of waiting (90 days) (iddah) is also required, during which the couple are supposed to try and reconcile. Should the 90 day period come to an end without reconciliation, under Islamic law the couple will be divorced.
If the former Wife wants an Islamic divorce she must approach the Sharia council, complete an application form with a copy of her nikah (contract) or a sworn statement with evidence that the marriage took place. This attracts a fee. Where there have been parallel civil proceedings the Islamic divorce is swiftly granted, upon obtaining a decree absolute from the court, either party may apply to the Sharia Council to obtain an Islamic divorce, there is a fee for this and a copy of the decree absolute certificate should be filed with evidence. The Sharia Council will then issue an Islamic divorce.
For more information on whether your talaq will be recognised in the UK, you can read our previous blog on this matter at: https://lundbennett.co.uk/blog/will-my-talaq-be-recognised-in-the-uk/
Divorce under English/Civil law
In England, whilst the talaq is the religious decree involved in divorce, a decree of divorce under the Matrimonial Causes Act 1973 must also be obtained to end any civilly recognised marriage.
Finances following divorce under Islamic law
Following an Islamic divorce, under Sharia law the husband will no longer be financially responsible for the wife, and will not have to pay her any capital or spousal maintenance. As such, it is sensible to try to time the religious divorce to coincide with any arrangement for financial provision if possible, whether that is by agreement or in relation to the English civil law proceedings required to bring the civil marriage to an end.
For advice and guidance on this area of family law or to discuss your current situation please contact our specialist lawyers on 0161 927 3118 to arrange an appointment.