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Failures to Meet Formalities of Marriage

Based on the reported legal cases, why are British Muslims falling short of completing the final step of civil registration? Since 2001, with the conception of judicial ‘non-marriage‘, it will be shown that informal nikah ceremonies of marriage are more likely to be held to be deemed non-existent.

A non-existent marriage is one that bears little or no resemblance to an ordinary marriage; it has never existed in the eyes of the law and thus has no legal consequences at its dissolution. Conversely as mentioned above, a void marriage carries finan­cial repercussions, despite void meaning ‘not valid or legally binding’.[196]

This failure of British Muslims to complete the marriage process is not a new issue, the community itself has been long aware of this fact; this was one of the main reasons for the establishment of Sharita councils in the mid-1980s.[197] This lack of compliance with marriage formalities has been in issue for a sig­nificant period of time now, although it has been only since the legal creation of non-marriage that the harsh and unfair consequences have been really felt, to the detriment of informally married British Muslim women. In terms of rate in incidence of unregistered marriage, not much is known about the precise numbers. The most recent and largest empirical survey was commissioned by Channel 4[198] [199] and involved 901 Muslim women on their experiences about get­ting married and the procedures they have undertaken. Whilst a survey of this nature, methodologically speaking, will not give a definitive answer, it is worth noting that it found only 16 to 17 per centn of this 901 cohort were not aware that their nikah marriages were not actually valid under English law, and there­fore would not be recognised by the courts.

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Source: Oberauer Norbert, Prief Yvonne, Qubaja Ulrike (eds.). Legal Pluralism in Muslim Contexts. Brill,2019. — x, 258 p.. 2019
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