Category: islamic law

Void, Valid and Very Confusing – what is the status of Sharia Marriages in the UK? – Transparency Project

Posted August 6th, 2018 in islamic law, marriage, news by sally

‘The High Court here in London has recently considered the status of an islamic marriage, that did not comply with all the usual formalities required in England & Wales. It has generated a lot of confused and confusing headlines – the marriage has been reported as both valid and void, as ‘covered by’ English law (but not necessarily all islamic marriages) and as the first example of our courts recognising sharia law.’

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Transparency Project, 3rd August 2018

Source: www.transparencyproject.org.uk

Akhter: legal consequences of an unregistered nikah ceremony – Law and Religion UK

Posted August 6th, 2018 in divorce, islamic law, marriage, news by sally

‘In Akhter v Khan [2018] EWFC 54, the couple had had a nikah ceremony in 1998 but had not registered the marriage under civil law. They had four children together. The petitioner, Nasreen Akhter, sought a divorce from Mohammed Shabaz Khan in November 2016. The husband (so called for convenience) defended the divorce on the basis that the parties had not entered a marriage valid according to English law; the wife (ditto) argued that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. In the alternative, she averred that the marriage was a void marriage within section 11(a)(iii) of the Matrimonial Causes Act 1973. There were two central questions: whether the parties were to be treated as a validly married under English law by operation of a presumption of marriage and, if not, was the marriage a void marriage susceptible to a decree of nullity.’

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Law and Religion UK, 3rd August 2018

Source: www.lawandreligionuk.com

English law applies to Islamic marriage, judge rules in divorce case – The Guardian

Posted August 2nd, 2018 in divorce, financial provision, Islam, islamic law, marriage, news by tracey

‘A high court judge has decided that a couple’s Islamic marriage falls within the scope of English matrimonial law, in a ruling that could have implications for thousands of Muslims in the UK.’

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The Guardian, 1st August 2018

Source: www.theguardian.com

Don’t use ‘cab rank’ system for burials, coroners to be told – Daily Telegraph

Posted May 14th, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, news by sally

‘Coroners across the country are to be formally instructed to take into account the religious requirements of families when deciding whether to prioritise the burial of their dead, in the wake of a High Court ruling.’

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Daily Telegraph, 12th May 2018

Source: www.telegraph.co.uk

ECHR Articles 9 and 14 – Local Government Law

Posted May 2nd, 2018 in burials and cremation, coroners, delay, equality, human rights, inquests, islamic law, Judaism, judicial review, news, religious discrimination by tracey

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

Source: local-government-law.11kbw.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

Posted May 2nd, 2018 in burials and cremation, coroners, delay, equality, human rights, inquests, islamic law, Judaism, judicial review, news, religious discrimination by tracey

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

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UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Coroner ordered to change ‘cab-rank’ burial release policy – BBC News

Posted April 27th, 2018 in burials and cremation, coroners, islamic law, Judaism, news by tracey

‘A London coroner has been ordered by the High Court to change her “cab-rank” queuing policy for handling burials after it was ruled “unlawful”.’

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BBC News, 27th April 2018

Source: www.bbc.co.uk

Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph

Posted March 28th, 2018 in burials and cremation, coroners, delay, human rights, islamic law, Judaism, judicial review, news by tracey

‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Chief coroner considers ‘cab rank’ burial rule to be unlawful – Law Society’s Gazette

Posted March 2nd, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, judicial review, news by tracey

‘The law firm challenging a coroner’s policy of applying a “cab rank” rule for burials by refusing to prioritise them on religious grounds has welcomed what he describes as the chief coroner’s “support”.’

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Law Society's Gazette, 1st March 2018

Source: www.lawgazette.co.uk

A Fear of Sharia: why the Independent Report is a wasted opportunity – Law & Religion UK

Posted February 8th, 2018 in islamic law, news, reports by tracey

‘n a guest post, Russell Sandberg, Head of Law and Reader in the School of Law and Politics at Cardiff, is fairly unimpressed with the report of the Independent Review into the Application of Sharia Law in England and Wales.’

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Law & Religion UK, 7th February 2018

Source: www.lawandreligionuk.com

Sharia law review recommends civil marriage alongside religious ceremony – Family Law

Posted February 5th, 2018 in Islam, islamic law, marriage, news by sally

‘An independent review into the application of sharia law in England and Wales published by the Home Office has recommended that Muslim couples must undergo a civil marriage alongside a religious ceremony, in a move expected to give Muslim women increased legal protection.’

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Family Law, 5th February 2018

Source: www.familylaw.co.uk

Sharia in England and Wales: report of the independent review – Law & Religion UK

Posted February 2nd, 2018 in islamic law, news by sally

‘The Home Office has today [1 February] published the report of the independent review chaired by Professor Mona Siddiqui into the application by sharia councils in England and Wales of sharia law. In brief, the report makes three recommendations: for legislative change, for awareness campaigns and for regulation.’

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Law & Religion UK, 1st February 2018

Source: www.lawandreligionuk.com

Applying sharia law in England and Wales: independent review – Home Office

Posted February 1st, 2018 in islamic law, press releases, reports by tracey

‘Independent review by Professor Mona Siddiqui and a review panel of experts into the application of sharia law in England and Wales by sharia councils.’

Full press release

Home Office, 1st February 2018

Source: www.gov.uk/home-office

The process for Jewish and Muslim women seeking a divorce – Family Law

Posted December 12th, 2017 in dispute resolution, divorce, islamic law, Judaism, news by sally

‘The Islamic Sharia Council and the Jewish Beth Din provide private, faith-related dispute resolution in a non-legal setting.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

Unregistered marriages – time to register calls for law reform? – Family Law

Posted December 5th, 2017 in Islam, islamic law, marriage, news by tracey

‘Planning a dream wedding can be hugely stressful at the best of times. At the worst of times, however, the dream can turn to a nightmare for some Muslim women who may later realise that their marriage is not recognised as valid under English law.’

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Family Law, 4th December 2017

Source: www.familylaw.co.uk

Most women in UK who have Islamic wedding miss out on legal rights

Posted November 21st, 2017 in divorce, islamic law, marriage, news, women by sally

‘Six in 10 women in the UK who have had a traditional Muslim wedding ceremony are not in legally recognised marriages, depriving them of rights and protection, according to a survey.’

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The Guardian, 20th November 2017

Source: www.theguardian.com

Law and religion round-up – 5th November – Law & Religion UK

Posted November 6th, 2017 in burials and cremation, Church of England, disclosure, ecclesiastical law, family courts, islamic law, news, religious discrimination, unfair dismissal, victimisation, young offenders by tracey

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

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Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

UKIP, niqabs, burqas – and bans – Law & Religion UK

Posted April 25th, 2017 in devolution issues, freedom of expression, islamic law, news, political parties by sally

‘UKIP has made a commitment in its Manifesto to ban the public wearing of the burqa and niqab. Speaking on the BBC’s Andrew Marr Show on Sunday, UKIP’s leader, Paul Nuttall, said wearing a burqa or niqab in public was a barrier to integration and a security risk and that Muslim women who defied the ban would face a fine. Somewhat counter-intuitively, he also told Andrew Marr that “Manfred Weber, who’s the leader of the biggest group in the European Parliament, is now talking about an EU-wide ban. We can either be on the curve on this or behind the curve.” UKIP also proposes to outlaw sharia in the UK, though Nuttall told Marr that there were no proposals to ban Jewish religious courts because the Jewish population was smaller than the Muslim population.’

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Law & Religion UK, 24th April 2017

Source: www.lawandreligionuk.com

Finance and Divorce Update April 2017 – Family Law Week

Posted April 21st, 2017 in bankruptcy, divorce, domicile, financial provision, islamic law, marriage, news, periodical payments by tracey

‘Sue Brookes, Senior Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during March 2017.’

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Family Law Week, 20th April 2017

Source: www.familylawweek.co.uk

Bank of England proposes ‘fund-based’ sharia-compliant liquidity facility – OUT-LAW.com

Posted April 12th, 2017 in banking, islamic law, news by sally

‘The Bank of England is proposing to introduce a “fund-based” deposit facility for Islamic banks, which would allow them to obtain access to additional liquidity when necessary in a way that is compliant with sharia law.’

Full story

OUT-LAW.com, 10th April 2017

Source: www.out-law.com