Addressing the Legal Status of Islamic Marriages in England and Wales

Oxford Journal of Law and Religion, Volume 7, Issue 3, October 2018, Pages 376–400

31 July 2018

In this co-authored journal submission, Professor Rebecca Probert and I provide in-depth analysis on the extent and status of religious-only marriages in England and Wales given it had attracted considerable attention and generated a number of proposals for reform.

The Home Office's Sharia Law Review aimed to address this issue but has been criticised for lacking substantive solutions.  We set out the legal analysis to help ground discussions in a clear understanding of the existing framework to better assess what has been problematic and what needs to change.  The concept of 'non-marriage'—where a union is neither legally valid nor void—was been proposed to address this gap.

The current legal framework does not recognise Islamic-only marriages, leaving individuals, particularly women, vulnerable in cases of separation or divorce. Implementing any change would require require legislative changes to the Marriage Acts.

To ensure fairness and legal protection, it's essential to bridge the divide between religious and civil marriage practices, providing clarity and security for all parties involved.

Read the full article here.