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A Nikah is an Islamic marriage contract between husband and wife.
To be valid, four conditions must be met:
If this is conducted in accordance with specific overseas country rules (lex loci celebrationis) then it is valid and recognised under English law. Sometimes, people may get married under Sharia law without registering their marriage under English law. This can cause complications should the Islamic marriage come to an end. In simple terms, it will not have been a legally binding marriage under English law unless the Nikah was conducted in a building registered for marriage and the ceremony was conducted by a Registrar or authorised person. However, there is only 1 in 10 mosques in the UK registered for this service. Recent case law has reinforced that a Nikah on its own does not comply with the Matrimonial Causes Act 1973, Section 11 (AG v Akhter and Khan [2020] EWCA Civ 122).
If someone in a Nikah-only marriage wishes to divorce under Sharia law, this can be done by way of Talaq or Khul (also known as Khula). Unless various rules governing the two are complied with properly, validity may be questioned.
It is important to take advice from a lawyer in the foreign country where marriage took place, as to what financial relief is available there and whether an order from the English divorce courts would be recognised there (should the marriage have been registered in this country and therefore legally recognised). It is key to gather all relevant information from relevant jurisdictions.
If a Talaq is obtained from overseas, an application for permission to apply for financial relief is made under Matrimonial and Financial Proceedings Act 1984, Part 3, Section 12 and 13. It is sensible to try dispute resolution by either mediation, collaboratively or early neutral evaluation before embarking on in some cases messy litigation costing much emotionally, financially and delays before final resolution is made.
Consulting mediators with an understanding of Islamic law and marriage counsellors with cultural understanding, can be a good start. Mostly women approach Sharia councils to assist in solving Islamic divorce.
Should you wish to consult our family law specialist concerning any of the issues in this article, please contact Safeena Tufail, Family Lawyer and Mediator on 0118 957 5337 or s.tufail@hewetts.co.uk for a free initial consultation.
Published on 05/06/2025