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High Court Recognises Shariah Law in Divorce Case in UK Legal First
Breitbart ^ | 8/2/18 | Victoria Friedman

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 couple’s 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 ...


TOPICS: Current Events; Islam; Religion & Culture; Religion & Politics
KEYWORDS: england; marriage; muslim; sharia

1 posted on 08/08/2018 6:31:07 PM PDT by marshmallow
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To: marshmallow

Insanity


2 posted on 08/08/2018 6:32:22 PM PDT by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: marshmallow

The Islamisation of Great Britain.. Brilliant!


3 posted on 08/08/2018 6:39:12 PM PDT by DivineMomentsOfTruth ("There is but one straight course, and that is to seek truth and persue it steadily." -GW)
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To: BenLurkin

Even worse than that; the over riding of British law.


4 posted on 08/08/2018 6:45:17 PM PDT by nopardons
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To: BenLurkin

Ok, this iz bulls*it


5 posted on 08/08/2018 6:46:12 PM PDT by thoolou (Seems the Information Age gives the illusion of information, while still being oblivious to the wold)
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To: marshmallow

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.


6 posted on 08/08/2018 6:56:31 PM PDT by Boomer (Leftism is the Mental/Moral Equivalent of End Stage Cancer)
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To: marshmallow
I think Breitbart is reaching on this claim.

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 couple’s 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.

7 posted on 08/08/2018 7:03:13 PM PDT by Robert DeLong
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To: marshmallow

Englandistan.


8 posted on 08/08/2018 7:07:14 PM PDT by beethovenfan (I always try to maximize my carbon footprint.)
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To: marshmallow

UK suicide


9 posted on 08/08/2018 7:11:01 PM PDT by faithhopecharity ( "Politicans aren't born, they're excreted." -Marcus Tillius Cicero (3 BCE))
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To: Robert DeLong

Fake news by Breibart.


10 posted on 08/08/2018 8:03:26 PM PDT by nwrep
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To: marshmallow

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.”


11 posted on 08/08/2018 8:46:10 PM PDT by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: nwrep

More like misread, rather than fake. I just think their conclusion as to what the ruling really represented in this case.


12 posted on 08/09/2018 1:12:14 AM PDT by Robert DeLong
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To: Mollypitcher1

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.


13 posted on 08/09/2018 5:21:04 AM PDT by Stirner
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To: Robert DeLong
Matrimonial Causes Act 1973 in Section 14 recognizes marriages which were performed according to foreign laws, or common law.

The judge is effectively saying: "British law recognizes your marriage. Now, your divorce will be conducted according to Brit law. Hubbie is screwed".

14 posted on 08/09/2018 5:34:16 AM PDT by PapaBear3625 ("It rubs the rainbow on it's skin or it gets the diversity again!")
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