Are you still married by Islamic law if you divorce by English law?
In the Name of Allah, Most Merciful and Compassionate
May Allah’s peace and blessings be upon His Messenger Muhammad, his folk, companions, and followers
Walaikum assalam wa rahmatullah,
It would normally count as a divorce. One should consult a reliable local Islamic scholar about the specifics of one’s case–given the gravity and implications of divorce–and also formalize the divorce in writing, Islamically.
There is an increasing number of cases coming before the courts in England arising from this very conflict. To compound matters with further complications, the Muslims are mainly split up into two groups Sunni and Shia with several subgroups depending on which madhhab school of thought Islamic jurisprudence the individual believes in. This article considers the Sunni jurist’s view according to the four main schools of thought, each named after the classical jurist who taught them. The four primary Sunni schools are the Hanafi, Sahafi, Maliki and Hanbali rites. The legal interpretation and application differ, largely depending on what methodology is being used and to what degree.
Nikkah Contract and the treatment by English Law, Are you still married ?
It is a common misnomer that most Muslims believe that a Nikkah Contact performed in England and Wales is valid in the eyes of God, it is not a valid marriage per se under the law of England and Wales. It would stand then that the parties are merely cohabitees. Thus, Muslims must marry in a registered mosque in England and Wales in accordance with s.26(1)(a) Marriage Act 1949 or undergo a civil marriage as well as nikkah.
To help illustrate this it would be useful to consider the case of MA v JA [2012] EWHC 2219(Fam) [2012] All ER (D) 338 (Jul). The court was concerned with whether the parties’ Islamic ceremony of marriage could create a valid marriage under English law and if so, whether the ceremony had in fact created a valid marriage in that case.
Wassalam.
Answered By: Shaykh Abu Yusha Yasin
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