Muslim marriage (non) recognition: implications and possible solutions
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Differences between traditional Muslim marriage practice and the statutory formalities required for entry into a legally recognised marriage in England and Wales have resulted in serious question-marks hanging over the legal status of a seemingly significant proportion of Muslim marriages. This article places the spotlight on the vulnerability of spouses who remain unaware of the lack of legal status which may attach to their marriage or who may have been misled by their spouse as to the latter’s intention to obtain legal recognition for the marriage. The article first considers the statutory formalities required under English law for entry into a legally recognised marriage before drawing on the most up-to-date empirical research to highlight the apparently widespread non-compliance with the formalities within the Muslim community. The article then reflects on the various practical implications which may arise for parties to an unrecognised Muslim marriage before considering how the situation may be ameliorated.
Journal of Social Welfare and Family Law
Copyright/LicenseThis is an Author's Original Manuscript of an article whose final and definitive form, the Version of Record, has been published in the Journal of Social Welfare and Family Law © copyright Taylor & Francis, available online at: http://dx.doi.org/10.1080/09649069.2016.1272767
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