Q7. "I had been paying the mortgage on our home but the house was not in my name so I lost everything.''. All Rights Reserved. “It is concerning that … It should be noted, that after a successful submission of the application for Islamic marital arbitration to the FCB, both spouses are required to reply to all FCB correspondence as soon as possible. First for details on the conditions of a valid nikah refer to fatwa islamqa # 2127 summarized what you need is assuming both of you are halal to marry each other: 1. ''I wanted to be sure before I committed to the civil ceremony,'' said Saila. Jami Omar offers the service of performing marriages (Nikah) by the Imaam; who is a licensed marriage officer. Dr Iqtidar Karamat Cheema, director at Birmingham-based Institute of Leadership and Community Development, welcomed the government initiative. According to Islam who is entitled to look after the children if a marriage is dissolved? Thus, Islamic scholars regard Shariah Councilâs and similar such Islamic institutes, as being able to offer this form of faith based arbitration to resolve marital disputes related to Nikah in the manner described, for the reasons mentioned. BBC's Asian Network Reports radio show If reconciliation is found to be possible, the FCB can for example offer a written reconciliation agreement (including a Sulh Agreement) which through the mutual agreement of the parties can be used to ensure that any and all terms for reconciliation are abided by both spouses. We will not provide any witnesses. Q7. The ceremony is conducted by our resident Imam it includes both “Islamic and civil” formalities. What are the reasons for which a Muslim woman is permitted according the Islamic Law to seek the dissolution of her marriage through an Islamic Council? Nikah is not only an agreement between two people. This would then allow the couple to have the nikah and registry at the same time under one roof. They intended to undertake a civil ceremony later and presented to the world as a married couple. Can a woman seek a Faskh of Nikah without the grounds for such a Faskh being present as stipulated by the Sharia? It is vital that the witness reliable, easily-traceable, unbiased witnesses to the Nikah. Conditions Required for the Soundness of the Contract (shuroot as-sihha).These are conditions which must be fulfilled in order for the marriage to have its proper legal effect. However if any spouse decides not to co-operate, it is possible that a decision may be taken by the FCB in the absence of that spouse subject to the case details. However, the husband argued that the Nikah is a type of blessing, rather than a marriage in itself. By Applying to the FCB will I definitely get my marriage dissolved (Faskh)? For matters pertaining to English law, the FCB advises individuals to refer to a solicitor and or the relevant authorities. Can the wife obtain a Khula` without the husband’s consent? A civil marriage in Britain requires a man and a woman to accept each other in the presence of two witnesses in the Registrar’s Office, whether they have conducted an Islamic marriage (Nikah) is immaterial. Q4. Islamic and civil marriages are not two distinct concepts. The FCB follow a strict zero tolerance policy on any abusive behaviour, towards any party. (A reprint of the entire Fatwa can be found in Ahsan al-Fataawa, Hukm al-Talaq al-Thalaath, volume 5, Pg.144 published in 2004 by H.M Saeed Company, Karachi). What is the procedure of the FCB in Islamic marital arbitration? The traditions and the rules of the society play a role on the marriage. In addition, if either spouse withholds or conceals any relevant information regarding the case, or provides false or misleading information, any ruling or certificate issued ect, may be rendered null and void with immediate effect and the certificate so issued is to be returned to the FCB immedately. Any service, information, ruling, certification, advice and guidance provided by the FCB whether oral or written is solely from the perspective of the Islamic faith, based on the Qur'an and Sunnah, as understood by the recognised schools of Islamic law such as the Hanafi, Shafi and Maliki schools of Islamic law (Madhaahib), and as interpreted by the FCB. 2. Therefore, no nikah can be performed secretly. End quote from al-Fataawa al-Fiqhiyyah al-Kubra (4/105). Q20. Both Islamic Marriage Certificate and the Civil Marriage Certificate are available upon completion. as appropriate to the circumstances of each individual case and in accordance with the relevant Islamic rulings. If a person marries without placing a verbal condition but had an intention in his heart to divorce her after consummating the marriage so that she can become lawful for the first husband, this marriage will be considered permissible (Bahur Raaiq p.58 v.4, Fathul Qadir p.34 v.4 & Dars Tirmizi p.399 v.3) The FCB always seeks to provide the highest level of service and is constantly trying to improve its services. Nasreen Akhter wanted to divorce Mohammed Shabaz Khan, her husband of 20 years, but he blocked it, arguing that the couple were not married … Channel 4 aired a documentary last year, “The Truth About Muslim Marriage”, and it highlighted that a vast number of British Muslim couples did not have a civil marriage in addition to their religious marriage (nikah ceremony). But many do not realise that this is not the case if the nikah is conducted in this country,'' she explained. In this way it can where applicable, help a spouse to obtain a formal Islamic divorce (Talaq) to go alongside a civil divorce to bring into harmony for the individual both the Islamic teachings and the civil law. Marriage as a legal concept has a prescriptive regime under which a marriage may be solemnized. Is it sufficient for a man to simply pronounce the words of Talaq for it to take affect? Your decision to marry is a spiritual covenant that is rooted in a commitment to one another. or via the After the wedding the couple moved to London where they started to build a life and home together but, 13 months into the marriage, Shaheeda realised that her nikah was not legally valid. You can hear more at 1230 and 1800 GMT on the "It's a rising trend for Muslim couples to have marriages that are not legally recognised," explained Ms Khan. Congratulations on your upcoming wedding! A few months later she came home and found that the locks to her front door had been changed and that she had been thrown out of her home. Civil Marriage registry: A Nikah as conducted by an Imam, is not considered a civil marriage without an official registry. In terms of time frame, the above procedure can take up to several months, depending on the circumstances of each case. This is because couples are having an Islamic wedding without the civil ceremony needed for the marriage to be recognised under British law. The marriage contract documents are recorded with the masjid and registered with local government, thus fulfilling the civil obligations of the marriage. Q9. The signatories to this fatwa ( legal edict) included such eminent scholars as; Shaikh `Abd al-`Aziz Bin Baz, Shaikh Muhammad al-Amin al-Shanqiti, Shaikh `Abdullah Bin al-Manee` amongst many other reputable scholars. A marriage license must be obtained from any City Hall in … If reconciliation is not possible, then the FCB Islamic marital arbitrational panel consisiting of a minimum of three Islamic scholars will Islamically assess if the Nikah may be amicably ended in case the Nikah has irretrievably broken down; via Talaaq from the husband or a mutually agreed divorce (Khula) or by dissolving the Nikah based on (Tahkeem) or if the grounds for dissolution (Faskh) of the Nikah are found by the Council issuing a ruling of Faskh etc. Q12. ''It also enables some men to commit polygamy. After the wedding the couple moved to London where they started to build a life and home together but, 13 months into the marriage, Shaheeda realised that her nikah was not legally valid. The Nikah ceremony is named for the Arabic word for marriage and is the heart of an Indian Muslim wedding ceremony. What rights remain upon the father even after the dissolution of the Nikah? Ensure that the bride has a guardian present if you want to be traditional. They intended to undertake a civil ceremony later and presented to the world as a married couple. They had their Nikah before waiting more than a year until their civil marriage. ''I had to show a marriage certificate when I was enrolling at university. Well, actually, according the Hanafi madhab, the nikah of even a virgin can still be valid without the permission of her Wali - BUT this is dependent on who she is marrying (and you still need the witnesses). If this is not possible because, for example, an investigation has not been fully completed, a progress report should be sent with an indication of when a full reply will be given. Once the FCB panel of Islamic scholars have decided to dissolve a Nikah, a Talaq certificate will be sent to the applicant and a letter with a copy of the certificate is forwarded to the other spouse. What did the Pope know about alleged US abuse? A licensed marriage officer is required in order to complete the necessary paperwork to register the marriage in the Province of Ontario. 56,514 people are reading stories on the site right now. After the wedding the couple moved to London where they started to build a life and home together but, 13 months into the marriage, Shaheeda realised that her nikah was not legally valid. Conditions Required for the Soundness of the Contract (shuroot as-sihha).These are conditions which must be fulfilled in order for the marriage to have its proper legal effect. A18. ''I don't know why this is the case because it is very simple to do - all they need to do is fill out a form. I know of cases where men have taken on several wives because they have just had the nikah with each partner.''. Atheism makes inroads in the Old and New Worlds. Q21. Thus any such behaviour will accordingly be reported to the police. What if I am not satisfied with any service of the FCB? Q19. Archbishop: Contraception is "attractive", Tourists flock to 'Jesus's tomb' in Kashmir. 10. Generally, a civil ceremony is subject to the same requirements as a religious one in regards to fees (such as venue and marriage license) and restrictions (age, et cetera). 8. Here’s a quick rundown of Nikah ceremony traditions and what to expect at an Indian Muslim wedding. The judge was crystal clear that the nikah did not create a valid marriage. Family lawyer Aina Khan says that she is dealing with an increasing number of cases like Shaheeda's. It should be clear, that the information provided by either spouse to the FCB is treated as private and confidential and is not discussed with any third party except with the written consent of both spouses. To contact a spouse, every reasonable effort is made; this includes the use of recorded letters sent by the FCB. Most Popular Now | 56,514 people are reading stories on the site right now. Can the wife obtain a Khula` without the husband's consent? Is it a requirement for a man's issuing of Talaq (divorce) to be considered valid that it be witnessed by a Shariah Council? According to a poll conducted by channel 4 news, “61% of women in the UK have not had a separate civil ceremony to make marriage legal under British law. There was an Islamic wedding ceremony or Nikah between the parties in the UK. Q15. Whether the complaint is justified or not, the reply to the complainant should describe the action taken to investigate the complaint, the conclusions from the investigation, and any action taken as a result of the complaint. A Nikah by itself is not a valid marriage unless it is followed by a civil ceremony. The evidence was that neither was under any illusion that the Nikah would change their legal status in the UK. Q16. In Muslim countries nowadays they have made it an administrative obligation to register the marriage. Please note, all complaints must be submitted in writing, prior to the FCB issuing its final decision in an Islamic divorce case, complaints must not be submitted after a final ruling has been issued. The wedding ceremony itself is where the marriage contract is made official by the signing of the document, indicating she has accepted it of her own free will. Growing numbers of Muslims are entering nikah contracts without undergoing a civil marriage. A growing number of young Muslims in the UK are entering marriages that are not legally recognised, BBC Asian Network has found. IANL is approved for Civil Marriage Registrations North Finchley Masjid is now an approved venue for marriage registrations. Ideally complainants should receive a definitive reply within one month. She says the problem arises, in some cases, out of ignorance as many young Muslims believe that the nikah is legally binding. ºâ. © Fiqh Council Birmingham 2021. Shaheeda Khan married her fiance in a traditional Islamic religious ceremony, the nikah, at her home in Birmingham. Similarly in the Hanafi school, a Qadhi can be established in a land where a Qadhi has not been appointed by a Muslim state, via the mutual agreement of the Muslims in that location, as mentioned in Rad al-Muhtaar. ''The problem is that only a handful of mosques across the country are registering themselves," said Dr Siddiqiui. In my view, the answer is a categorical no. The requirements to have a Nikah done through the Masjid are as follows: Marriage License Document. It has social and familial results. It is very common for Muslims to participate in only an Islamic Marriage; that is, a Nikah, without undertaking the civil ceremony at a register office. Civil marriage is performed under the supervision of civil authorities. Does a woman need the services of a Sharia council such as the FCB to dissolve her marriage, if she has already received a civil divorce (Decree Absolute) from a civil court? Q8. Conditions Required for Initiating the Contract (shuroot al-in'iqaad).These are the conditions that must be present with respect to the arkaan or fundamentals of the marriage contract.. Book a marriage or civil partnership ceremony at Birmingham Register Office; Change or cancel an appointment to give notice of a marriage or civil partnership Q2. Shaheeda Khan married her fiance in a traditional Islamic religious ceremony, the nikah, at her home in Birmingham. I took legal action but I got nothing," explained Shaheeda. In this regard both spouses, where appropriate, are invited to attend a meeting to discuss the issues submitted for Islamic marital arbitration. 5. Under UK law, couples who are only in a Nikah and without civil marriage are generally considered to be co-habiting. 6. Dr Ghayasuddin Siddiqui, the head of Britain's Muslim Parliament, says the lives of many Muslim women are being ruined because their Islamic marriages are not legally recognised. He wants Muslim women to protect themselves by always having a civil ceremony before the nikah and is also calling for all mosques to become registered to conduct civil marriages. Many Imams have already been performing a Nikkah only when the civil is … 2. What is the first step for a woman who wishes the FCB's services in seeking the dissolution of her Nikah by way of Faskh. Q17. I dont know if it was a real nikah or a fake nikah ... What he meant was a marriage without a guardian only, or a marriage without witnesses only, not a marriage that was lacking both. According to the court of appeal in England, a Nikah is not valid under English law, referring to it as non-marriages. Ms Gohir says many couples say they will register their marriage later, but later never comes. ''A divorce costs a lot of money and I wanted to avoid all that hassle if the marriage didn't end up working.''. She said: ''My colleagues and I are having to deal with hundreds of cases where things have gone wrong because the wedding has not been registered. A20. A21. The Nikah ceremony. Manjha and Mehndi celebrations take place before the Nikah … Similarly, a civil divorce requires the petitioner (husband or wife) to file a divorce petition at court with the Judge finalising the Under the new law, persons wishing to become married are no longer required to file an application for a marriage license with the county probate court, and the courts will no longer issue marriage licenses. Fiqh Council Birmingham sites use cookies. Then the parties in particular wives are afforded all their rights upon divorce according to English law. A2. Civil marriage is performed under the supervision of civil authorities. It was then I realised I didn't have one and it came as a big shock to me," she said. "But it is very difficult to put an exact figure on the scale of this because there are no statistics. Islamic and civil marriages are not two distinct concepts. Marriages and civil partnerships. If three Talaqs/Divorces are issued in one go, will this count as three Talaqs or one? This means that all Muslims wishing to get married must arrange a civil ceremony to be recognized by the law. The complaint will be recorded in the complaints log and an appropriate person will be delegated to investigate it and to take appropriate action. ''This allows Muslim men to control their wives because they can threaten to leave them and end the Islamic marriage by just saying the words 'divorce, divorce divorce' to her,'' he said. If the complaint relates to a specific person, where possible and appropriate, they should be informed and given a fair opportunity to respond, as often, the person responsible for the issue being complained about, may best be able to resolve a complaint. A 'Void Marriage' In the recent case of Akhter v Khan and another (2020), an Islamic couple filed for divorce.The wife claimed that the couple had married in 1998, following an Islamic ceremony. In the latter case, the FCB will only give a response at its discretion. There was an Islamic wedding ceremony or Nikah between the parties in the UK. If one or both partners are converts to Islam, a letter or certificate is required from the person who conducted their Shahada. Masjid Ikhlas Nikkah/Marriage Procedure. Shaista Gohir is the head of the UK's Muslim Women's Network. Marriage as a Legal Concept. You can conduct your Nikah ceremony with the civil marriage element combined. 3. 7. "Because the couples only have co-habitant rights, it is extremely expensive and complicated to use the law to get the individuals any justice once the marriage ends.''. We understand that the process of dealing with a Nikah breaking down and Talaaq can be very difficult. This case however highlights the flexibility available in interpreting certain matrimonial laws which could mean that we see more women in the same position coming forward to seek an English divorce for an Islamic marriage. Please note we do NOT perform online/virtual/phone nikkahs. One of the essential elements of a nikah contract is the dowry. What is the Islamic basis of a Shariah Council? they should be forwarded in writing to the FCB via post or email, addressed to the FCB General Manager, who will try to quickly and fairly look into the matter and give a response accordingly. Birmingham Central Mosque offers a long established matrimonial introduction service for Muslims looking for marriage regardless of age and ethnic background (British Citizens and Indefinite stay holders only). ''Religious leaders must take a bigger responsibility to protect many Muslim women who are unnecessarily suffering.''. Q13. In this regard if there are any, suggestions, feedback, complaints etc. We hold an ideal venue for your marriage events. A valid marriage could only have come about if the couple had engaged in a civil law wedding. Effective August 29, 2019, the process for entering into a legal marriage in Alabama changes, pursuant to Ala. Act 2019-340.. However, Ms Gohir said, some couples preferred to wait and "test out" the marriage before they had their civil ceremony. Marriage Certificates NOTICE: Marriage Certificate Process. Shaheeda Khan married her fiance in a traditional Islamic religious ceremony, the nikah, at her home in Birmingham. 4. Even the nikah with the unfulfilled promises made by H did not create a valid marriage. We conduct both Islamic Nikah ceremony and Civil Ceremony at Shahjalal Mosque and Islamic Centre which is … They propose that they will do a civil marriage through the courts initially, thereafter a period of a year they will do the nikah ceremony (the delay is because the grooms brother is in prison and the groom and his parents wish is that his elder brother is there to witness the blessed event) during this year the girl will live at her parents house and the boy to live at his parents house,(both will agree to this) however if … BBC iPlayer. "I was homeless. How to claim unpaid dowry from a Nikah in the UK? They do not have the same enforceable rights as couples in a civil marriage Couples in a civil marriage will have rights that are enforceable under UK law with regards to pensions, benefits or in the event of a dispute, separation, inheritance estate etc. Unfortunately, what most people do not know is that having just an Islamic Nikah does not create a legally recognised marriage with the couple still classed as a non-married couple in the eyes of English law.Therefore, should the marriage break down, the parties to that marriage will not have the same protection of the law as they would have if they had a Registry marriage performed. This was something Leicester couple Saila and Riaz Choudary, both 25, wanted to do. Your guardian (wali, see Who can be wali, and in what order?) Khula` according to all schools of Islamic law can only be obtained by the woman with the consent of her husband (also see Q1). Where a nikah contract is not in English it must be accompanied by a translation certified by a notary public or authenticated by a statement of truth. It should be clear that the FCB does not rule on the civil marriage contract, rather, it deals with the religious aspect of a marriage. "; Ms Khan says unregistered Muslim marriages are on the increase, Riaz and Saila both agreed to wait to get a civil ceremony, The BBC is not responsible for the content of external internet sites, How the world's oldest clove tree defied an empire, Why Royal Ballet principal Sergei Polunin quit, BBC News Updated every minute of every day. It is hoped more people will register their nikah contracts under English civil law. A wedding is a joyous event, and we are honored that you’ve chosen us to share the occasion! Basically, read about it; of course, this is only discussing the … Q10. It was the worst time of my life,'' she added. Civil Marriage Certificate is required before the Nikah. In accordance to the Maliki school of law, such a body can be regarded as being in the ruling of a Qadhi, as indicated by the Maliki schoolâs central texts of Fiqh. If the spouse has not responded after having been given an opportunity to reply, then the FCB may proceed without the participation of that spouse subject to the particular circumstances of the case. Q5. However, if both spouses are co-operative, it can be concluded sooner. If you continue without changing your browser settings, we will assume that you accept this. In the case a written complaint is received as described, the FCB uses the following complaints procedure. It is important that both parties to the marriage, whether Islamic or Civil, know their rights and obtain the correct divorce should their marriage unfortunately breakdown. Although the document itself must be agreed upon by the groom, the bride, and the bride's father or another her male family members, the bride's consent is required for the marriage to proceed. Can the wife obtain a Khula` without the husbandâs consent? Nikah is not only an agreement between two people. It is important to note that, each case submitted for Islamic marital arbitration will have its own particular details and circumstances, thus the above procedure is provided only as a general guideline. A19. It has social and familial results. Shaheeda, whose name has been changed to protect her identity, said she asked her husband to register their marriage but he was against the idea. The Mosque has been providing Muslim couples with an appropriate location for their Nikaah (Islamic Marriage) and Civil Ceremonies in our Mosque. Some traditional mosques … A survey in 2017 found nearly all married Muslim women in the UK had had a nikah and almost two-thirds had not had a separate civil ceremony. Couples who marry by nikah-only ceremonies are classed as cohabitees, and their nikah is seen as a ‘non-marriage’ or ‘non-existent marriage’, 37 meaning the civil courts do not have the same powers to make financial orders as when granting a divorce for the dissolution of a valid marriage or even when recognizing the nullity of a void marriage. The ruling of the FCB panel of scholars in this regard is final, binding and not open to appeal. Please note that all documentation of the FCB, inter alia certificates, rulings etc. ''It was as though the marriage had never happened. LFC requires all wedding parties to have their Civil Marriage registered either before the time of Nikah, or have a booking confirmation to have the marriage registered on the day. All meetings and correspondence are to be conducted with Islamic etiquette and Adaab. It is FCB policy that the FCB panel of Islamic scholars always make a collective decision on the matter and the views or opinions of any one scholar during the process of Islamic marital arbitration are always subject to this final collective decision. The FCB reserves the right to vary its procedures in the light of the particular circumstances of any given case, at its discretion. A1. More specific information appropriate to the individualâs case, can be found by directly contacting the FCB. Conditions Required for Initiating the Contract (shuroot al-in'iqaad).These are the conditions that must be present with respect to the arkaan or fundamentals of the marriage contract.. Developed to help family and friends find a solution to a complex and often daunting task of finding suitable marriage partners. Khula is the ending of the marriage (Nikah) whereby the husband consents to the request of the wife to release her from the marriage contract in return for the dowry or some other remuneration to be given to the husband. This ruling has been formally declared by different International Islamic scholars in a resolution of the World Muslim League in its 19th Session held on 3-8 November 2007 in Makkah al-Mukarramah, regarding the jurisdiction of Islamic Institutes ruling in the area of Muslim personal law matters in non-Muslim countries. Secondly, without the civil marriage, the entitlement to inheritance, pension and legal documentation are not accepted by the authority. If both are lacking, then there is consensus that it is haraam and invalid. Ms Khan says that the individuals have no legal marital rights if the marriage ends or if a partner dies. This is because couples are having an Islamic wedding without the civil ceremony needed for the marriage to be recognised under British law. ''It is a major problem in the community," insisted Dr Siddiqui. To me it seems that a civicl marriage without nikah with imam/wali and 2 witnesses is not a legal marriage so what makes it legal is the nikah not the paper work which Muslims have learned from nonMuslims who in America in particular makes it very difficult with divorce. Eventually, Shaheeda moved back home with her family. The evidence was that neither was under any illusion that the Nikah would change their legal status in the UK. ''If a couple has a nikah in a Muslim country then the marriage is recognised under UK law. Sadly many Muslims believe their nikah contract is registered under English Law, only to discover upon divorce that they are merely cohabitees. Firstly and on principle, in the event of the Nikah breaking down, the FCB makes all reasonable efforts to mediate and reconcile both spouses where possible. Q18. Q14. A formal detailed fatwa to this effect was subsequently issued under the auspices of the Permanent Committee for Islamic Research and Fataawa (al-Lajnah ad-Daa'imah lil-Buhooth al-'Ilmiyyah wal-Iftaa) in 1970 corresponding to the Islamic date 1391AH/7/8. ''The problem is extremely widespread and it's an increasing timebomb because it's affecting mostly young Muslims, who are under 30 or in their early 30s.''. Making Nikah legal in the UK. Therefore, no nikah can be performed secretly. A solution to a complex and often daunting task of finding suitable marriage partners only to discover upon divorce they. Unfulfilled promises made by H did not create a valid marriage could only have come if. Offer its independent and impartial Islamic marital arbitration at university case, the answer is joyous... 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