Skip to comments.High Court Recognises Shariah Law in Divorce Case in UK Legal First
Posted on 08/08/2018 6:31:07 PM PDT by marshmallow
In a legal first, a British High Court judge has recognised a shariah marriage when ruling on a divorce petition of a Muslim woman, likely setting a precedent on the acceptance of Islamic marriages and divorces in the UK.
Mr Justice Williams ruled that an estranged Muslim couples Islamic marriage does fall under the scope of the 1973 Matrimonial Causes Act and that they could, therefore, divorce despite the couple never having had a legal civil ceremony, reports The Guardian.
Nasreen Akhter and Mohammed Shabaz Khan, both of Pakistani heritage, had married in an Islamic nikah ceremony conducted by an imam in 1998 in West London, and Mr Khan, a businessman, was said by Ms Akhter to have always introduced me as his wife.
Ms Akhter attempted to file for divorce, which her partner rejected, with Mr Khan saying that they were not legally married, but only under Islamic law.
Judge Williams disagreed, writing that the marriage had been valid but was now void under section 11 of the 1973 Matrimonial Causes Act because it was entered into in disregard of certain requirements as to the formation of marriage. It is therefore a void marriage and the wife is entitled to a decree of nullity.
(Excerpt) Read more at breitbart.com ...
The Islamisation of Great Britain.. Brilliant!
Even worse than that; the over riding of British law.
Ok, this iz bulls*it
The muzzie infection of the UK spreads thereby weakening the host body until it consumes and kills it without remorse or feeling or even a fight. The UK government just bends over and takes it. Sad to see since that’s where so many of our ancestors came from. I know some of mine did. Where is the determination England exhibited back then?
I hope we are both brave enough and smart enough as a nation to never let that happen here in America. The communist leftists are helping them do just that though so we basically have two groups of enemies to fight and destroy. The invading forces and the useful idiot enablers.
I used to think our granddads had it rough with WWI and WWII. Those may turn out to be the easy wars.
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales.
Mr Justice Williams ruled that an estranged Muslim couples Islamic marriage does fall under the scope of the 1973 Matrimonial Causes Act and that they could, therefore, divorce despite the couple never having had a legal civil ceremony,
Sounds to me like the judge is ruling that according to the above stated Matrimonial Causes Act 1973 he can rule that they are indeed married in the eyes of British Law, not Sharia Law. He probably did this so that he could award the wife with alimony payments from the husband.
Fake news by Breibart.
I read this as saying that the court said the marriage was null and void because it did not conform to British law. The wife is free regardless of her mate refusing the “divorce.”
More like misread, rather than fake. I just think their conclusion as to what the ruling really represented in this case.
I agree, the court granted an annulment, which legally amounts to a ruling that the “marriage” never existed. Far from recognizing the authority of Shariah Law, it seems to me that the court, in effect, ruled that a marriage conducted under Shariah law is not a legal British marriage at all. If the couple had conducted their ceremony and then registered their intent to marry with the proper UK government authorities, that would have created a civil legal marriage. The religious ceremony is legally irrelevant. Whether they went through it or not, the second step, registering their union with the state, creates the married condition.
As I read it, far from upholding Shariah family law, the judge ruled it irrelevant for the purposes of UK law.
The judge is effectively saying: "British law recognizes your marriage. Now, your divorce will be conducted according to Brit law. Hubbie is screwed".
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