https://www.gatestoneinstitute.org/15623/britain-sharia-marriages
“We sought to inform the Court of Appeal that many minority women, especially Muslim women, are deceived or coerced by abusive husbands into only having a religious marriage, which deprives them of their financial rights when the marriage breaks down….” — Southall Black Sisters, an advocacy group for South Asian women, February 14, 2020.
In February 2018, an independent review of the application of Sharia law in England and Wales…recommended changes to the Marriage Act 1949 and the Matrimonial Causes Act 1973 that would require Muslims to conduct civil marriages before or at the same time as the nikah ceremony. This would bring Islamic marriage in line with Christian and Jewish marriage in the eyes of British law.
“The Assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases.” — Council of Europe (COE), January 2019.
As of now, neither the British government nor the British Parliament has introduced legislation that would require Muslims to conduct civil marriages before or at the same time as the nikah ceremony…[but] The court’s decision effectively reaffirms the principle that immigrants who settle in Britain must conform to British law, rather than the other way around.
The Court of Appeal, the second-highest court in England and Wales after the Supreme Court, has ruled that the Islamic marriage contract, known as nikah in Arabic, is not valid under English law.
The landmark ruling has far-reaching implications. On the one hand, the decision strikes a blow against efforts to enshrine this aspect of Sharia law into the British legal system. On the other hand, it leaves potentially thousands of Muslim women in Britain without legal recourse in the case of divorce.
The case involves an estranged couple, Nasreen Akhter and Mohammed Shabaz Khan, both of Pakistani heritage, who took part in a nikah ceremony officiated by an imam in front of 150 guests at a restaurant in London in December 1998.
In November 2016, Akhter, a 48-year-old attorney, filed for a divorce, allegedly because Khan wanted to take a second wife. Khan, a 48-year-old property developer, tried to block Akhter’s divorce application on the basis that they were not legally married under English law. Khan said that they were married “under Sharia law only” and sued to prevent Akhtar from claiming money or property from him in the same way a legally married spouse could.