The Continuing Muslim Marriage Conundrum

The Law of England and Wales on Religious Marriage and Non-Marriage in the United Kingdom

Dados Bibliográficos

ID6085964
AutoresVishal Vora
Ano2020
Volume40
Fascículo1
Páginas148-162
Data de publicação2020-01-02
Open AccessSim
TipoARTICLE
PeriódicoInstitute of Muslim Minority Affairs Journal (JOURNAL)
Identificadores do periódicoISSN: 0266-6952 • E-ISSN: 1469-9591
EditoraInforma UK Limited (PUBLISHER • GB)
DOI10.1080/13602004.2020.1744839
OpenAlexW3014217886
IdiomaEN
Citações recebidas5

It is argued that the concept of non-marriage, referring to religious marriages that are neither valid or void, and incomplete in terms of adhering to the formalities of marriage—must be recognised in law. However, the application of this category, in recent years, especially to British Muslim nikah-only marriages seems “inappropriate”, especially when the factual matrix is taken into account. This article will analyse the current usage of non-marriage declarations by the English court and make the case for reverting back to the position taken by Justice Bodey in the case of Hudson v Leigh (Status of non-marriage) [2009] EWHC 1306 (Fam), which has more recently been the position taken in Akhter v Khan [2018] EWFC 54. Empirical research continues to demonstrate that for British Muslims, the traditional form of religious marriage remains vital not only for the partners themselves, but for their families and extended community network. For any proposed changes to marriage laws to be effective, the issue of what is meaningful to all those involved must be taken into account. This article suggests that, in the interim, a simple mechanism in the form of cohabitation rights recognition could put an end to the injustices and indeed the advantageous status that non-marriage affords one party during martial breakdown

Cohabitation · Common law · Economic Justice · Economics · Family law · Forced marriage · High Court · Interim · Marriage law · Political science · Position (finance · Sociology · Gender and Women's Rights · Law · Marriage and Family Dynamics · Marriage and Sexual Relationships

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