Offering Sharia-compliant occupational pensions – Pensions Barrister

Posted May 9th, 2023 in islamic law, news, pensions by sally

‘Lydia Seymour discusses the important and topical question of whether there is an obligation to offer Sharia-compliant pension schemes.’

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Pensions Barrister, 4th May 2023

Source: www.pensionsbarrister.com

Islamic Marriage and the Legal System: Mahr/Dowr – Family Law

Posted August 8th, 2022 in families, Islam, islamic law, marriage, news by tracey

‘Tahir Khan, barrister, provides some useful legal and practical guidance on Islamic mahr/dower and its validity and recognition under English Law, together with some of the challenges and difficulties that face practitioners when confronted with such matters.’

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Family Law, 4th August

Source: www.familylaw.co.uk

Withholding religious divorce controlling and coercive behaviour: Moher – Law & Religion UK

‘In 2021, the UK Parliament passed amendments to the Domestic Abuse Bill and the Serious Crime Act which stipulated that withholding a Get can constitute a violation of those laws. The draft statutory guidance under the Domestic Abuse Act 2021 recognised that withholding a religious divorce both by Muslim and Jewish husbands may constitute controlling or coercive behaviour and a form of spiritual abuse which could lead the husband to be imprisoned. This development was in reaction to various calls for action to tackle the issue of ‘chained wives’ in religious communities.’

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Law & Religion UK, 17th May 2022

Source: lawandreligionuk.com

Withholding religious divorce controlling and coercive behaviour: Moher – Law & Religion UK

Posted May 17th, 2022 in coercive & controlling behaviour, divorce, islamic law, Judaism, news by tracey

‘In a guest post, Fouzia Azzouz, of Bristol University’s School of Sociology, Politics, and International Studies, looks at the law around a husband’s refusal to grant his wife a religious divorce.’

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Law & Religion UK, 17th May 2022

Source: lawandreligionuk.com

Financial Remedy Update, September 2021 – Family Law Week

‘Rose-Marie Drury, Principal Associate at Mills and Reeve, consider the important news and case law relating to financial remedies and divorce during August 2021.’

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Family Law Week, 9th September 2021

Source: www.familylawweek.co.uk

Landmark UK court ruling due in ‘bride price’ dispute – The Guardian

Posted August 16th, 2021 in contracts, divorce, islamic law, marriage, news, women by tracey

‘A landmark judgment that could bring part of UK law into line with sharia law’s position on “bride price” payments is to be announced this week in the central London county court, in a case backed by a women’s charity.’

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The Guardian, 16th August 2021

Source: www.theguardian.com

Capacity to marry: NB v MI – Law & Religion UK

Posted March 29th, 2021 in families, family courts, Islam, islamic law, jurisdiction, marriage, news by tracey

‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’

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Law & Religion UK, 26th March 2021

Source: lawandreligionuk.com

Capacity to consent to marriage, nullity and declarations under the inherent jurisdiction considered (NB v MI) – 1GC: Family Law

Posted February 25th, 2021 in consent, family courts, islamic law, jurisdiction, marriage, news by sally

‘The High Court was presented with an application for a declaration of nonrecognition of a Muslim marriage and a petition for nullity. The parties were married in Pakistan under Sharia law in June 2013. The applicant sought to argue, relying on two expert reports, that she did not have capacity to consent to marriage at the time. The court had to consider the issue of her capacity and then consider whether to make a declaration of non-recognition, or alternatively annul the marriage. The High Court refused the applications as it considered, on the facts of this case, the applicant had capacity to consent at the relevant time. The marriage was therefore valid under English law at its formation. Even if he had formed the opposite view, Mr Justice Mostyn made clear the court would still not have made a declaration under the court’s inherent jurisdiction as he was prevented by statute. Tahmina Rahman, barrister at 1GC Family, considers the case.’

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1GC: Family Law, 16th February 2021

Source: 1gc.com

Akhter v Khan: Recognising (or not recognising) religious marriages in the UK – Oxford Human Rights Hub

Posted March 26th, 2020 in appeals, children, divorce, families, interpretation, islamic law, marriage, news by sally

‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’

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Oxford Human Rights Hub, 17th March 2020

Source: ohrh.law.ox.ac.uk

Islamic Nikah ceremony and marriage validity – Family Law

Posted March 13th, 2020 in appeals, divorce, families, financial provision, Islam, islamic law, marriage, news by tracey

‘The case of Khan v Akhter has now been decided by the Court of Appeal. It received a huge amount of coverage in the legal press and beyond. In simple terms, the court has ruled that a couple who went through a religious-only wedding ceremony in the UK are neither validly married nor parties to a void marriage, overturning an earlier decision of the High Court.’

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Family Law, 12th March 2020

Source: www.familylaw.co.uk

Muslim Non-Marriages – Becket Chambers

Posted February 21st, 2020 in appeals, chambers articles, divorce, Islam, islamic law, marriage, news by sally

‘In 1999, Jerry Hall and Mick Jagger separated and in a move heralding a long and acrimonious legal battle, Jagger sensationally released a public statement saying that he would be contesting Jerry Hall’s petition for divorce on the grounds that he and Jerry Hall were not and never had been married!’

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Becket Chambers, 17th February 2020

Source: becket-chambers.co.uk

Appeal Court rules Islamic marriages invalid in UK – BBC News

Posted February 17th, 2020 in appeals, divorce, Islam, islamic law, marriage, news by sally

‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’

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BBC News, 14th February 2020

Source: www.bbc.co.uk

British women ‘being forced into polygamous relationships’ because law lets them down, campaigners say – The Independent

Posted November 25th, 2019 in islamic law, marriage, married persons, news, women by sally

‘British women are increasingly being pressured into polygamous relationships or left without child support when relationships break up because UK law does not offer adequate protection to spouses in religious marriages, campaigners have warned.’

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The Independent, 25th November 2019

Source: www.independent.co.uk

The House of Lords on marriages and sharia law – Law & Religion UK

Posted October 25th, 2019 in cohabitation, interpretation, islamic law, marriage, news, parliament, women by sally

‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:

“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’

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Law & Religion UK, 24th October 2019

Source: www.lawandreligionuk.com

Tafida Raqeeb: Brain-damaged girl can go abroad for treatment – BBC News

Posted October 3rd, 2019 in children, doctors, families, islamic law, medical treatment, news by tracey

‘The parents of a brain-damaged girl will be allowed to take her abroad to continue her treatment, the High Court has ruled.’

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BBC News, 3rd October 2019

Source: www.bbc.co.uk

Domestic violence before shari’a councils – Family Law

Posted February 28th, 2019 in dispute resolution, domestic violence, islamic law, news by tracey

‘Dr Naheed Wali Ghauri, an Associate Research Fellow at the School of Law, Birkbeck College, University of London and non-stipendiary Research Fellow at the Woolf Institute, Cambridge, discusses domestic violence before Shari’a councils and mediation under English and Islamic Forum.’

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Family Law, 28th February 2019

Source: www.familylaw.co.uk

Blog: Divorce and the Muslim community – Family Law

‘Solicitor advocate and law writer David Burrows writes that to define a valid marriage in English law is by no means obvious.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Financial Remedies and Divorce Update, September 2018 – Family Law Week

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2018.’

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Family Law Week, 6th September 2018

Source: www.familylawweek.co.uk

Akhter v Khan: Islamic marriages and will disputes – Family Law

Posted September 3rd, 2018 in islamic law, marriage, news, wills by sally

‘A recent family law case has highlighted a hole in the legal protection of Islamic couples whose ‘marriage’ may be considered a void marriage in English law, or may not be a marriage at all.’

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Family Law, 30th August 2018

Source: www.familylaw.co.uk

Void, Valid and Very Confusing – what is the status of Sharia Marriages in the UK? – Transparency Project

Posted August 6th, 2018 in islamic law, marriage, news by sally

‘The High Court here in London has recently considered the status of an islamic marriage, that did not comply with all the usual formalities required in England & Wales. It has generated a lot of confused and confusing headlines – the marriage has been reported as both valid and void, as ‘covered by’ English law (but not necessarily all islamic marriages) and as the first example of our courts recognising sharia law.’

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Transparency Project, 3rd August 2018

Source: www.transparencyproject.org.uk