In Sharia Law, marriage is viewed as a contract where the parties agree to live as husband and wife in accordance with the guidance contained in the two primary sources of the Sharia, the Qu’ran and the Sunnah of the Prophet Muhammad.
One of the essential elements of a nikah (Islamic marriage contract) is that the husband agrees to pay the wife a dowry.
Recognition of Islamic marriages in the UK
Is an Islamic marriage conducted in the UK recognised in the UK?
Although Muslims believe that a nikah or marriage contract performed in England and Wales is valid in the eyes of God, it is not a valid marriage under England and Wales Law. The parties are merely cohabitees.
Thus many Muslims marry in a registered mosque in England and Wales or undergo a civil marriage as well as a nikah.
Is an Islamic marriage conducted overseas recognised in the UK?
Guidance is contained within the Family Procedure Rules in relation to the validity of a nikah conducted overseas. If undisputed, it is proved in England and Wales by:
- The production of a marriage certificate or similar document issued under the Law in force in that country
- Where a nikah contract is not in English it must be accompanied by a certified translation
How Islamic and UK divorces work
In the event of a divorce where a civil marriage was entered into, the English courts can pronounce a decree absolute and end a valid English marriage.
However, since Muslims believe that no human jurisdiction can supersede Sharia Law, many Muslims believe that an Islamic divorce is necessary to terminate the nikah contract. The English courts cannot pronounce Islamic divorces, thus a party must apply to a Sharia council to obtain a Sharia divorce.
Growing numbers of Muslims are entering nikah contracts without undergoing a civil marriage. Sadly many Muslims believe their nikah contract is registered under English Law, only to discover upon divorce that they are merely cohabitees.
How to claim unpaid dowry from a Nikah in the UK?
One of the essential elements of a nikah contract is the dowry. The dowry is to be paid by the husband to the wife either at the time of the nikah and/or at a specified time after the nikah to be determined by the spouses, e.g. upon divorce. The terms of the dowry are included in the nikah contract.
Following marital breakdown, the wife may want to claim any unpaid dowry. The Sharia councils do not have jurisdiction to rule upon or enforce dowry payments, thus the wife will seek legal redress through the English civil Courts.
- With a civil marriage
If the parties have entered into a civil marriage, the wife may request the English Civil Courts to award her the dowry in ancillary relief proceedings. Case Law indicates that dowry payments may be taken into account in such proceedings in accordance with the Matrimonial Causes Act 1973 to ensure fairness and justice are upheld to both parties, particularly where cultural or religious beliefs advocate the importance of dowries.
- Without a civil marriage or if unsuccessful
This is not the only remedy available for wives who wish to obtain their dowry. Those who are unsuccessful in claiming their dowry in ancillary relief proceedings, and others who did not enter into a civil marriage, have the option to issue a claim against their husbands for breach of contract if they refuse to honour the (nikah) contract and pay the contractually agreed dowry amount.
How Nelsons Can Help
If you need advice on any foreign divorce-related matter or have any other family law-related queries, please contact a member of the team on 0800 024 1976 or contact us via the online form. A member of our team will be happy to discuss your circumstances in more detail and give you more information about the services that Nelsons family law solicitors can provide along with details of our hourly rates and fixed fee services.