THE VALIDITY OF THE UNREGISTERED MARRIAGE OF MUSLIM WOMEN IN THE UK: A CRITICAL AND PRAGMATIC ANALYSIS

Abstract

The Marriage Act of 1753 attempted to legalize marriages of Muslim women in the UK by allowing them to register under the Marriage Act of 1753. But there is an increasing number of unregistered marriages taking place within the jurisdiction of England and Wales, especially among the British Muslims. Since these are unregistered marriages it falls outside the grasp of the law and is not accepted as legally enforceable Marriage in the eyes of law, the consequences fully unravel only in the event of a breakdown. Non-recognition of unregistered marriages leads to discrimination, unjustness, arbitrariness, and violence of basic rights of Muslim women in the UK. Women are in a vulnerable position if their marriage breaks down.  Basically, Muslim women living in England have had Nikah marriage. Almost all of them have this religious celebration but half of them have not gone through a separate civil ceremony which is required under UK law. Often consequences faced by these women that they are insufficiently protected under UK law, they cannot claim maintenance, they cannot get Divorced, they cannot claim property and other related rights because they are not validly married in the eyes of law. Muslim Women then takes help of Shariah Council formed in the UK but Shariah Council is recognized as legal body/institution, it is just an informal Institution. In this paper above mentioned