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Wedding chaos as Muslim marriages not recognised in UK

When I first saw this headline from the BBC I thought it was going to be all our fault, nasty indigenous islamophobes that we are, and that it would be a call for the the law to be changed to incoporate Sharia on marriages into the English Common Law.
But its not. It is a call to Muslim women not to marry their husbands in the Mosque until he has married them in a British Register Office, or for Mosques to get themselves licensed to conduct Civil Weddings. Thus preventing polygamy, abuse and heartache.
A growing number of young Muslims in the UK are entering marriages that are not legally recognised, BBC Asian Network has found. This is because couples are having an Islamic wedding without the civil ceremony needed for the marriage to be recognised under British law.
Shaheeda Khan married her fiance in a traditional Islamic religious ceremony, the nikah, at her home in Birmingham.
After the wedding the couple moved to London where they started to build a life and home together but, 13 months into the marriage, Shaheeda realised that her nikah was not legally valid.
'I had to show a marriage certificate when I was enrolling at university. It was then I realised I didn't have one and it came as a big shock to me," she said.
Shaheeda, whose name has been changed to protect her identity, said she asked her husband to register their marriage but he was against the idea.  That isn't accurate. Until they marry in a correct Civil ceremony they don't have a marriage. They are just co-habiting in what my mother called 'living in sin'. A few months later she came home and found that the locks to her front door had been changed and that she had been thrown out of her home.
"I was homeless. I took legal action but I got nothing," explained Shaheeda. "I had been paying the mortgage on our home but the house was not in my name so I lost everything.'
Family lawyer Aina Khan says that she is dealing with an increasing number of cases like Shaheeda's.
"It's a rising trend for Muslim couples to have marriages that are not legally recognised," explained Ms Khan.
'The problem is extremely widespread and it's an increasing timebomb because it's affecting mostly young Muslims, who are under 30 or in their early 30s.'  At that age they have no excuse whatsoever for not knowing British requirements and I have very little sympathy for them.
"Because the couples only have co-habitant rights, it is extremely expensive and complicated to use the law to get the individuals any justice once the marriage ends.'
Shaista Gohir is the head of the UK's Muslim Women's Network. She says the problem arises, in some cases, out of ignorance as many young Muslims believe that the nikah is legally binding.
'If a couple has a nikah in a Muslim country then the marriage is recognised under UK law. But many do not realise that this is not the case if the nikah is conducted in this country,' she explained.
However, Ms Gohir said, some couples preferred to wait and "test out" the marriage before they had their civil ceremony. So just the same as any couple co-habiting before lifetime commitment.
Dr Siddiqiui (of the so called Muslim Parliament, an organisation with no power despite the impressive name. To give him his due he does talk sensibly here, and on earlier occasions) added that he believed some Muslim women were being exploited as their partners promised them a civil wedding after the nikah only to refuse to go ahead with it.
'This allows Muslim men to control their wives because they can threaten to leave them and end the Islamic marriage by just saying the words 'divorce, divorce divorce' to her,' he said.
'It also enables some men to commit polygamy. I know of cases where men have taken on several wives because they have just had the nikah with each partner.'
He wants Muslim women to protect themselves by always having a civil ceremony before the nikah and is also calling for all mosques to become registered to conduct civil marriages.  This would then allow the couple to have the nikah and registry at the same time under one roof.
'The problem is that only a handful of mosques across the country are registering themselves," said Dr Saddiqiui.
The drawback which may be putting Mosques off this is that with equal opportunities legislation a Civil Venue has to perform both marriage and same sex Civil Partnerships. There have been a few cases where the owners of a hotel or historic house had moral objections to the same sex partnerships and only wanted to hold weddings. Their applications were refused. A Mosque ought to be considered similar to a non Anglican church for marriage purposes but I'm not 100% certain.  Whatever, the 'advice' given by
these backstreet Sharia courts has a lot to answer for.

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