I divorce you

Great Britain: Many Muslim couples that tie the knot in Great Britain, do not register their Nikah, or Islamic marriage with the authorities. This in turn creates a drastic problem for many Muslim women that wish to claim their rights in cases of divorce or the untimely death of a partner. It´s become an unfortunate growing and common trend for many Muslim couples and is creating a legal loophole that seems to be dramatically increasing across the region.

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Marriage in Islam is meritoriously based (mandub), but not an obligation (wajib). Due to the fact that intercourse outside a marriage and all other physical contact between a man and a woman is forbidden or considered a sin (haram), then marriage is the one way to make it right, or live within the teachings of the practice (halal).

The problem in Britain and in other European countries then is that many Muslim couples get married without the proper civil ceremony for it to be recognized under British law. It´s a major dilemma in the Muslim community, especially in the circumstance of a person desiring to get out of the marriage legally, and claim civil rights under British law.

“The problem is extremely widespread and it’s an increasing time bomb because it´s affecting mostly young Muslims, who are under 30 or in their early 30s,” said Aina Khan, a family lawyer.

Khan and her colleagues have been dealing with these types of cases where the relationship has gone wrong and or failed--and then the overwhelming problems subsequently created due to a lack of awareness and information/education regarding the consequences. It’s difficult to approximate the exact number of cases like this, but Britain is home to more than two million Muslims, so one can do the math and easily perceive the levity of the situation.

A Muslim man can end his marriage by saying: "I divorce you" three times to his wife--and in doing so, it is recognized that they are no longer married. This allows Muslim men to control their wives, often threatening them with divorce for no valid reasons, and in a very unproblematic way as they know their marriage is not legally recognized by the state anyway.

So who then is to blame? Is it the modern day misguided moral compasses that people have, their lack of knowledge or the mosques? Dr Ghayasuddin Siddiqui, the head of the Muslim parliament, urged mosques to register themselves in order to conduct civil marriages that can in turn protect Muslim women by having nikah and legal registry at the same time.

Dr Siddiqui feels that religious leaders should take on a bigger responsibility to enlighten the Muslim communities about these incredibly important subjects; to protect and ensure the women whom are unnecessarily suffering and ending up without a home, husband and any legal rights.

Laila Anani

+46 (0) 8 587 066 00

laila.anani

Latest comments

Laila, very nice article. I
Laila, very nice article. I hope that the religious leaders in UK or else where read about this issue. As far as I know even in Islam it's not as simple and a one-man show, that a person says I divorce you to the wife three times and that's it, the relationship is over. That would create a havoc, I feel that even in Islam it has to be done with consent on both sides. Unless a women is satisfied with divorce, I don't think a man can divorce her. Neither in the civil law nor in the Islamic law.

I just feel that it's common sense, I have not read it in the book but I am getting a sense that women are not properly educated about this issue and their overall rights.

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Thank you !
I’m glad you liked the article. It’s a very interesting subject and important for both Muslim men and women.

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