Muslim weddings,
With the growth of Muslim couples living in England and Wales,So many couples have both civil and Muslim weddings, which give rise to potential conflict,
writes lawyer Marwa Hadi (reproduced from The
Middle East in Europe print edition issue 29).
The Many couples have married in another jurisdiction
and after become resident in England and Wales. This
can create conflict between the rules governing
Islamic marriages and Civil marriages and the position is
by no means clear, in particular when such marriages break down.
I have a talaq – so am I divorced?
There is a further misconception held that Muslim couples who are married and reside in England and Wales can only divorce with a “talaq”. Whilst the talaq will only ensure the parties are divorced in the eyes of God, a divorce in accordance with the laws of England and Wales, through the Court, also needs to be obtained to ensure the divorce is legally recognised.
If only a talaq is obtained, then an individual will be regarded as still married and will be committing an offence if they subsequently remarry.
Dowry
One of the essential elements of the Islamic marriage contract is that the husband pays an agreed dowry “mahr” to the wife.
The gift itself can be nominal, however, it can also involve money, investments or property. This can be immediate, deferred or both.
The deferred dowry is often given in the event a specific event takes place, such as a divorce.
