London Daily

Focus on the big picture.
Saturday, Sep 26, 2026

Appeal Court rules Islamic marriages invalid in UK

Appeal Court rules Islamic marriages invalid in UK

A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.

The High Court ruled in 2018 that the couple's Islamic "nikah" ceremony fell within English marriage law.

But the Court of Appeal has now said it was an "invalid" non-legal ceremony.

Judges said the fact they intended to have a further civil ceremony meant they must have known their Islamic marriage had no legal effect in the UK.

The Attorney General appealed against the original court decision.

The case involved the divorce of Nasreen Akhter and Mohammed Shabaz Khan, who have four children.

The couple had an Islamic wedding ceremony in a west London restaurant in 1998 in the presence of an imam and about 150 guests, but no civil ceremony subsequently took place, despite Mrs Akhter repeatedly raising the issue.

They separated in 2016 and Mr Khan tried to block his wife's divorce petition two years ago on the basis they had not been legally married in the first place.


'Sharia law only'


Mrs Akhter argued their Islamic faith marriage was valid, as was her application for divorce, and that she was entitled to the same legal protection and settlement offered in the UK to legally married couples.

Her application for divorce was analysed during a trial in the Family Division of the High Court and Mr Justice Williams delivered a written judgment in the summer of 2018.

He ruled that since the couple held themselves out to the world at large as husband and wife, Mrs Akhter was correct and their union should be recognised because their vows had similar expectations to that of a British marriage contract.

He added the marriage fell within the scope of the 1973 Matrimonial Causes Act, despite Mr Khan arguing the marriage was "under Sharia law only".

Justice Williams said Mrs Akhter was therefore entitled to a decree of nullity.

The Court of Appeal overturned that decision on Friday and said the marriage was "invalid" under English marriage law.

It explained the wedding was "a non-qualifying ceremony" because it was not performed in a building registered for weddings, no certificates had been issued and no registrar was present.

"The parties were not marrying under the provisions of English law", the appeal judges said.

Neither Mrs Akhter nor Mr Khan played any part in the appeal proceedings.

Pragna Patel, director at Southall Black Sisters, a not-for-profit organisation, said: "Today's judgment will force Muslim and other women to turn to Sharia 'courts' that already cause significant harm to women and children for remedies because they are now locked out of the civil justice system."

A government review into Sharia law in 2017 said Muslim couples should be required to take part in civil marriages in addition to Muslim ceremonies to bring Islamic marriage legally into line with Christian and Jewish marriage.

Newsletter

Related Articles

0:00
0:00
Close
Prosecutors Seek More Than 10 Years in Prison for Former DUP Leader Jeffrey Donaldson
UK Provided £66 Million in Emergency Security Funding for Mosques After Southport Disorder
Manston Inquiry Examines Role of Government Decisions in 2022 Overcrowding Crisis
Justice System Capacity Pressures Raise Concerns Over Release of Sex Offenders
UK Food and Drink Trade Deficit Widens to Record £21.1 Billion
UK Releases Climate Security Findings Previously Withheld Under Starmer
TalkTalk Races to Sell Consumer and Broadband Businesses as Administration Threat Looms
NHS Bodies Impose Minimum Two-Year Waits for ADHD and Autism Assessments
Andy Burnham Pledges £210 Million to Revive Boarded-Up High Streets
UK Borrowing Reaches £18.3 Billion in August Ahead of Autumn Budget
Vistry Cuts Profit Outlook as Losses Deepen and Private Home Sales Weaken
Reported Assaults on Great Britain’s Railways Rise Sharply
Far-Right Activist Daniel Thomas Arrested After Channel Dinghy Slashing
Ukrainians in Britain Face Greater Homelessness Risk as Host Payments Are Cut
Scottish Drug Deaths Rise as Synthetic Opioids Spread
UK Diesel Prices Approach Record High as Energy Costs Intensify
UK Food and Drink Trade Deficit Widens to Record £21 Billion
Britain’s Largest Planned AI Supercomputer Delayed by Power Grid Constraints
NHS Boards Impose Minimum Waits of Up to Two Years for ADHD and Autism Assessments
Police Arrest Far-Right Activist After Migrant Dinghy Slashed in English Channel
Synthetic Opioids Drive Renewed Rise in Scotland’s Drug Deaths
Reported Assaults on Britain’s Railways Rise 20% in a Year
Vistry Cuts Profit Forecast as Losses Weigh on UK Housebuilder
TikTok Drops Appeal and Accepts £12.7 Million UK Data Protection Fine
Russell Group Urges UK Government to Drop Proposed International Student Levy
Legal & General Plans to Cut 1,000 Jobs by Mid-2027
UK Health Bill Would Remove Independent Governors From NHS Foundation Trusts
BMA Raises Patient Safety Concerns Over Advanced Practitioners Filling Doctor Rotas
UK’s Largest AI Supercomputer Delayed by Power Supply Constraints
NHS Orders Security Cameras in Neonatal Units Following Thirlwall Inquiry
Post-Brexit Trade Barriers Cost UK Economy Up to £6.5 Billion a Year, Analysis Says
UK Parliament Launches Inquiry Into Bank of England Monetary Policy Independence
Global Bond Selloff and Higher Oil Prices Narrow UK Budget Options
UK Prime Minister Andy Burnham Addresses UN and Holds First Meeting With Donald Trump
Royal Navy Commandos Complete Maritime Operations Training With US Navy SEALs
Vistry Profit Warning Adds to Concerns Over UK Housebuilding Conditions
UK Commits £343 Million to Major Expansion of Community Mental Health Services
Five Eyes Partners Back UK-Led Campaign Against Global Fraud Networks
UK Businesses Gain Full Access to £13 Trillion CPTPP Trading Bloc
UK Allocates Nearly £10 Billion for Council, Social and Affordable Housing
Chancellor John Healey Unveils Deregulation Drive to Accelerate UK Investment and Growth
Prime Minister Andy Burnham Sets Out Post-Brexit Foreign Policy Vision at United Nations
UK Reassesses Chagos Arrangements as Burnham Seeks New Path on Diego Garcia
Key Trends to Watch
Government’s “Buy British” Procurement Push Targets More Domestic Jobs and Industrial Capacity
Scotland Launches Four-Year Flood Resilience Programme With New Community Funding
Low-Income Renters Face Record Gap Between Housing Support and Private Rents
UK and US Test Torpedo Launch From British Undersea Drone in Defence Technology Milestone
Britain Pushes Artificial Intelligence Security Onto United Nations Security Council Agenda
Treasury Committee Defends Office for Budget Responsibility Independence Amid Fiscal Pressure
×