6 in 10 females in the UK who have had a conventional Muslim wedding are not in lawfully acknowledged marital relationships, denying them of rights and defense, according to a study.
It found that almost all wed Muslim females have had a nikah, a spiritual wedding, but 61% had not gone through a different civil event which would make the marital relationship legal under UK law.
If the marital relationship breaks down, females who have just had a nikah are not able to go to the family court to look for a department of properties, such as the family home and partner’s pension.
The study was performed for a Channel 4 documentary, The Truth About Muslim Marriage, to be transmitted on Tuesday. Female Muslim scientists questioned 923 ladies in 14 cities in Britain.
They found that more than three-quarters of participants desired their marital relationship to be lawfully identified under British law.
Among the repercussions of Nikah marital relationships is the ease with which hubbies can enact the “triple talaq”, or instantaneous divorce, even by phone or social media.
Rukshana Noor, an IT specialist, was not able to access the family court when her nikah-only marital relationship broke down, she informed the program. Judges in the family court take as their beginning point a 50-50 department of possessions.
Rather, Noor needed to go to a civil court to show her financial contribution to the purchase of the family’s home, a procedure that took 5 years and cost her more than ₤ 100,000.
A lawyer specializing in Islamic family law stated the percentage of young Muslims choosing non-legal marital relationships has increased.
Aina Khan, an expert in Islamic law, introduced a project, Register Our Marriage, 5 years ago to make it obligatory for all marital relationships to be signed up. According to the project, more than 100,000 people in the UK do not have lawfully acknowledged marital relationships, and more than 90% of mosques are not signing up spiritual marital relationships under civil law.
Khan informed the Guardian: “My experience of 25 years as a lawyer specializing in Islamic marital relationship and divorce is that this is not just a significant issue but a growing issue. My anecdotal proof recommends that in the last 5 years, the percentage of people under 40 having nikah-only marital relationships is as high as 80%.”.
These were much easier to end than lawfully signed up marital relationships, she stated, including:” [And] here has been a remarkable decreasing of the preconception of divorce. Marital relationship has become simple and divorce has become simple. It’s a troubling pattern in the young.”.
Khan stated she desired the law on marital relationship to use to everybody similarly. “All faiths should be governed by the guideline of law. We should not need to choose a system; the default position needs to be that marital relationships should be signed up.”.
Bana Gora of the Bradford-based Muslim Women’s Council stated the MWC got everyday calls from females asking about their marital relationship rights. “Almost half of these calls are from ladies in unregistered marital relationships,” she stated. “Bradford is forecasted to have the biggest Muslim population in the nation by 2030, a neighborhood which will be susceptible to the failures of unregistered marital relationships, so it’s exceptionally crucial for males and females in our neighborhood to know their rights.”.
In Scotland and Northern Ireland, wedding events do not need to occur in a signed-up place, but an authorized celebrant– consisting of imams– can perform legal wedding events anywhere.
The Channel 4 study also found that simply over one in 10 Muslim marital relationships in the UK were polygamous, and a 3rd of ladies in such marital relationships had not consented to it. Practically 9 from 10 participants, in general, stated they did wish to remain in a polygamous marital relationship.
Anna Hall, who directed the documentary, stated the research into British Muslim ladies’ mindsets had “produced some fascinating and important brand-new insights to assist notify dispute” on whether Britain’s marital relationship laws required upgrading to show the nation as it was today.
There are more than 3 million Muslims in the UK, roughly 5% of the overall population.