Sharia Law and divorce

Forgot to say that if a niqah was done in Indonesia or Saudis where it is the legal system, then that counts as a legal marriage if the couple then moved to the UK. However if the same people arrived unmarried and only did niqah but no registration in the UK, then they remain unmarried according to the British law. If they combine niqah + registration then they are married in British legal sense. So the same niqah has two implications depending on which country it was done.

I personally prefer having more choice in the UK. If divorce in the UK was easy, I wouldn’t mind if the niqah automatically meant legal marriage. However given how difficult it is to get a divorce in the UK, especially before the no fault came into effect, I certainly didnt want to be legally tied more than I have to.

From English/Wales legislation point of view just niqah means the couple is a cohabiting non-married couple. That however doesn’t bother me or other Muslim couples, as we are married in the eyes of God and religious sense. My marriage is very real to me.

It really depends on the woman’s situation if this is a good arrangement or not. There are women who are vulnerable in a divorce if they’ve been housewives for 20 years and have no rights to the house etc. If the woman is less wealthy, registering the marriage under UK law is recommended in addition to the Niqah.

For women like me, just niqah with no registration works better as I’m the wealthier party. Also women who haven’t lived with the man before marriage, just niqah works better as UK courts don’t accept divorce applications before a year has passed from the wedding. Islamically divorce can happen straightaway. Niqah can also include whatever conditions that the woman wants to include to the niqah contract, and the husband breaking them is a ground for divorce. Continuing working after marriage, for example.

islamically in both situations (registration or not) a woman is entitled to husbands salary and property, and she does not need to spend a penny on living costs. I however choose to contribute because otherwise it would be very expensive for him.

The article says rulings from a religious court don't take legal precedence.

They might not but in terms of actual lives too often they do.

That is why i cant understand them being as it were, semi legitimised.

Or put it another way, that despite saying the law takes precedence, some communities can ignore the law, and prioritise the conventions of predominately patriarchal conventions, that the UK as a country celebrated losing those chains of convention decades ago.

Religious courts are in direct conflict with the UK law.

Men & women are equal for starters.

And Bishops in the Lords of course.

The Catholic Church had its fingers into Irish law and government (the health and other) procedures.

That's just living together in a way that is sanctioned by your religion. I don't mean that critically - I think everyone should have the choice to do this, whatever their faith. But it isn't marriage in a legal sense, so the woman has no rights through the process, other than those that the husband chooses to grant her (again, not meaning that as a criticism of Islam - it would be the same, whatever their faith). The mosque may exert social/religious pressure but ultimately the woman has the same rights as anyone else not legally married, i.e. virtually none.

Is there an equivilant Christian entity with a legal "right" to make rulings that take precedence over the accepted law in the UK?

Food for thought: it is in many cases easier for a woman to get a divorce from a mosque (the ones which follow the correct Islamic rules like the big London ones) than from an English court. In a few cases that I know, mosques have issued a divorce to the woman very easily and it comes into force quickly. There is no nonsense like separating (being forced to remain married) for two or five years first if the other party doesn’t agree. Easier divorce is one of the reasons why Muslim women often prefer to do just niqah than register the marriage under British legislation, too. Yes, it is quicker for a man to divorce when he doesn’t need to involve a third party, but involving the mosque is hardly an issue, plus divorce is one of the most dangerous times in a woman’s life (statistically) so it does add a bit more security for her. I don’t appreciate the nonsense about women being weaker minded etc that’s cultural. A lot of men are angry so they’re the emotional ones. Speaking as a Muslim woman here.

So, basically, if women are brown, it's ok for them to have fewer rights, because....culture?

See also this development:

https://southallblacksisters.org.uk/news/joint-statement-on-the-the-sikh-court/

I imagine religious courts would come i to direct conflict with equalities legislation or even human rights law. I believe obtaining a divorce can be really difficult if the man doesn’t want one.

The idea that any religious court of any stripe could be recognised in law would be horrible for women.

it is essential that the issues be discussed frankly and that deference to religion should not obstruct discussion of its shortcomings.'

Too bloody right.