Sanj's Blog

Islamic marriage not recognised in the UK

There was an interesting article in the MEN which can be accessed via the link:

http://menmedia.co.uk/asiannews/news/s/1468871_prince-used-fake-name-over-baby

Unfortunately the sensational headline and the article itself does not do the story justice. I read the case and the judgment on the law database Lawtel. Basically the lady in question El-Gamal wanted the Court to recognise that a nikah (islamic marriage ceremony) had taken place with the Dubai prince in a hotel in London with the two employees of the Prince as the male witnesses. The Prince did not appear in Court making the excuse that he needed to be somewhere for a 'summit'. The two employees did not turn up either, although it was not questioned as to why they did not turn up or their whereabouts.

The lady wanted the Court to recognise the nikah as being valid, if so then in turn as a Wife she would be entitled to ask for a divorce or nullity (to declare the marriage void) - giving her the opportunity to then claim maintenance payments from her ex

The Judge accepted on the basis of the wife's testimony only, (as the Prince did not attend) that a ceremony did take place but because there was nothing in WRITING then the intention behind it could not have been to create a marriage contract, as an Imam or any Muslim would not allow the marriage to take place without something in writing.

This is interesting because if the Judge did allow it, it would open the floodgates for similar claims to be made that a marriage took place when clearly there wasnt. The islamic nikah ceremony requires two male witnesses to be present from the bride's side to witness and sign the marriage contract. There must also be a dowry to the bride from the groom. Although this does not need to be monetary it is normally a certain amount which can also be recorded in the marriage contract.

I recently attended my first civil ceremony in Manchester, and before the bride and groom were married, the Registrar reminded them that a marriage contract is something that is legal and meant to be legally binding in every sense in English law! As someone who deals with divorce on a daily basis at work, this is paramount! I have been to many Islamic marriages performed at the mosque, and the Imam is very careful to explain to the bride (especially if she was not born a Muslim) the implications of entering into a marriage, the terms of the marriage contract and the dowry. This is then completed when all parties sign the marriage contract. The Imam then advises both parties to have a civil ceremony!

Although most relationships that end in an Islamic marriage dont involve Saudi princes it is worth bearing in mind the above when considering marriage to someone which has not been arranged by a relative or friend! As you dont know what will happen!

We also advise clients that their Islamic marriage still needs to be dissolved either by the Imam or by talaq (pronouncement of the divorce) and that their English marriage may take slightly longer to obtain by the English law than the Islamic way.

The Judge then decided that the marriage could not be made null and void as it was a 'non marriage'. In other words I can not end your marriage if I dont believe you were married in the first place!

For an islamic nikah to be recognised as legal and binding in the UK, the nikah must be performed in a country where the nikah is legally recognised as a marriage contract between two partners!

 

Life as a trainee solicitor (2)

You often hear people saying that solicitors earn a lot of money and that they are in the wrong profession/career  (usually client's when they receive their bills). Well, it is easy for someone to make that comment but they don't realise how difficult it is to become a solicitor, the costs of getting a degree, funding the Legal Practice Course and the difficulties in securing a training contract.

I am one year now into my training contract and I am absolutely enjoying 85% of the work I do! Occasionally I have to deal with problems that are usually dealt with by Citizen's Advice, but as these are all slowly but surely being closed down by the Government, many people are not sure what to do when faced with a legal problem! Problems I have come across include debt recovery, parking offences/tickets, bailiffs and certain energy providers overcharging their customers for one reason or another! More often than not these legal problems can be dealt with by the CAB or even the client but unfortunately it is become increasingly common for debt recovery agents, energy providers and bailiffs to IGNORE everything that the average Joe Public says - its only when you instruct a solicitor that they take you seriously! Which is where we come in!

The above work can be a bit boring sometimes, especially when you are just not getting anywhere.

On the plus side I have managed to come across some interesting areas in family law that I have enjoyed this year as well as increasing my knowledge in civil litigation.

Alhumdulillah, this year has also gone really quick for me and I have learnt so much, I am truly grateful and blessed to have a training contract as I know how difficult it is in this day and age to get a tc.

I also just found out I passed two of the compulsory subjects on the PSC (professional skills course) which leaves me with half the course to complete before November 2012.