Her Majesty’s Attorney General (Appellant) v Nasreen Akhter and Mohammed Shabaz
Khan (Respondents) and Fatima Mohammed Hussain and Southall Black Sisters
(Interveners) [2020] EWCA Civ 122
On appeal from: [2018] EWFC 54
JUDGES: Sir Terence Etherton MR, Lady Justice King and Lord Justice Moylan
Introduction
Navigating through the complex maze of marriage laws in the UK at times is a challenge, especially when analysing the recognition of religious ceremonies like the Islamic Nikah. The legal status of such ceremonies in England and Wales was recently put under the spotlight in the case of Her Majesty’s Attorney General v Nasreen Akhter and Mohammed Shabaz Khan, with key implications for matrimonial law. In this article, we delve into the details of this significant case, examining the verdict and the associated implications for parties involved in non-qualifying marriages.
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In 1998, Nasreen Akhter and Mohammed Shabaz Khan, held an Islamic Nikah ceremony in London, fully aware that it had no legal recognition under English matrimonial law. Their intention was to follow up the Nikah with a civil marriage ceremony legally recognised under English law. Despite living together in England and Dubai and having four children, the civil ceremony never transpired. Following their separation in 2016, Akhter filed for a divorce, initiating the case that has major implications on understanding non-qualifying marriages in the UK.
The Legal Battle: Nullity vs No Legal Effect
Akhter sought a decree of nullity under the Matrimonial Causes Act 1973, arguing their marriage was void due to the non-compliance with procedural requirements. Khan countered that their Nikah had no legal effect. The Attorney General intervened, arguing against Akhter’s claim of entitlement to a decree of nullity. The Judge involved the European Convention on Human Rights (the Convention), adopting a more flexible perspective of marriage as a process rather than a singular ceremony.
The Verdict: Court of Appeal’s Stand on Non-Qualifying Marriages
The Court of Appeal set aside the previous order, ruling that the Nikah was a non-qualifying ceremony. The court concluded that non-qualifying ceremonies neither create a marriage nor a void marriage under English matrimonial law, thus parties are not entitled to a decree of nullity or financial remedies. The court also ruled that the Convention and the UN Convention on the Rights of the Child did not influence the case’s outcome.
Key Implications: Understanding Legal Requirements for Marriage
The court’s verdict underscores the critical need for individuals engaging in religious ceremonies like Nikah to understand the legal requirements for a valid marriage under English law. The court ruled that the 1998 Nikah was a non-qualifying ceremony, having no legal effect under Part II of the Marriage Act 1949 as the ceremony was not performed in a registered building, no notice was given to the superintendent registrar, and no certificates were issued.
This landmark case underscores the necessity of legal advice and education for couples uncertain about their religious marriage ceremonies’ legal status.
Please note that the information provided here serves general purposes only and should not be considered a substitute for professional legal advice.
