Is an Islamic marriage recognised in the UK?
Islamic marriage is generally not legally recognised in the United Kingdom (UK). The exact answer to whether your Islamic marriage is legally recognised in the UK will depend on a range of factors, including whether you got married in the UK or overseas. It is important to understand that getting married in the UK does not automatically mean that the marriage is legally recognised in the UK. This is because a civil ceremony must also take place, as discussed below.
Nikah without civil marriage in the UK
If you had your Nikah ceremony without civil ceremony in the UK, your marriage will not be legally recognised. This is because the Nikah is viewed solely as a religious ceremony with no legal significance.
Unfortunately, couples who have their Nikah ceremony in the UK without a civil marriage are considered to be cohabiting. Cohabiting couples have less financial and legal protection in the event of divorce or death in terms of their assets, pensions and children.
Muslim marriage overseas
If you have entered an Islamic marriage overseas where Sharia law applies, then it is likely to be legally recognised under English law. This means that couples who had their Nikah in accordance with Sharia law can benefit from the same legal and financial protections of couples in a recognised marriage in the UK. If you are unsure if your marriage is recognised in the UK, speak to a family law solicitor who will be able to confirm this for you.
How to register an Islamic marriage in the UK
If you had your Nikah ceremony in the UK and would like your Islamic marriage to be valid in this country, you will need to arrange a civil marriage ceremony at a local registry office. On the other hand, if you had your Islamic marriage ceremony overseas, you will need to register your marriage in the UK (with your local registry office) or provide evidence that it was carried out in a country which formally recognises and practices Sharia law. To demonstrate that your Islamic marriage is legally recognised in the UK, you will need to provide your valid marriage certificate, and this must be translated into English.
Nikah with civil ceremony or cohabiting agreement
If you are considering having a Nikah with civil ceremony in the UK, it is important to understand that the civil ceremony has no religious significance and is just about giving you more legal protection in the event of divorce or death. As such, it is purely a legal event, and no religious vows are recited.
If you are not comfortable with a civil marriage in the UK, another option is to enter into a Cohabitation Agreement. A Cohabitation Agreement is a legal document that sets out how your marital assets (e.g. home, property, money, and pensions) will be shared between you and your partner if you separate and what will happen in the event of death.
