What is a Nikkah?
The word “Nikah” has been derived from an Arabic word ‘nikhun’ which means to bring together and to absorb. If a man and a woman are to become absorbed in each other, a basic and fundamental condition will be the mutually agreeing of both the parties to perform the nikah, which is relied upon to unite them as life partners for the rest of their lives.
They should, hence, be sure about the conditions, obligations and rights that apply to them in a marriage. In Islam marriage is a shared and lawful contract in which the two parties concur about every single part of the agreement. The willingness of both man and woman is necessary, without their assent the nikah is invalid. The nikah ought to be performed before the guests as a formal declaration. The agreement upon “Haq Mehar” is also one of the conditions of nikah and ought to be settled upon by both the parties. After the lady gives her consent, a prayer (khutba) of nikah has been performed by a religious person afterwards everyone gives best wishes to both the life partners. The measure of haq mehar settled upon ought to likewise be declared. After all the formalities, the man and woman have the privilege to begin their life together lawfully. There are some additional unwritten conditions of the nikah which are comprehended.
Is a Nikkah in Pakistan recognized by British Law?
Several cases have been seen regarding the issue that whether the marriage performed in overseas countries is valid in UK under the British Law or not. A lot of couples from various countries including Pakistan have asked us about the validity of their marriage in UK. Here you will find the answer to this query.
Let’s be specific, and try to answer the question, is a marriage (Nikkah) in Pakistan recognized by the British Government under British law? Before finding the answer to this specific question, another question should be answered first which is, whether the marriage is legally registered in that specific country where the marriage had been performed or not? If the answer is yes, then we will go further to our first question. Under the terms of the UK’s Foreign Marriages Act 1892, marriage (Nikkah) performed in Pakistan will be recognised by the British Law if it would be legally registered in Pakistan. The High Court (London) in 1967 also looked at this issue and decided that they would be recognised.
Is a Nikkah in the UK recognized by British Law?
In Sharia Law, marriage is seen as an agreement where two people consent to live as a couple as per the direction contained in the two essential sources of the Sharia, the Qu’ran and the Sunnah of the Prophet Muhammad (SAW).
In spite of the fact that Muslims trust that a nikah or marriage contract performed in the UK is substantial according to God, but it is not a legitimate marriage under British Law. The Nikkah, although valid in the Islamic sense, is certifiably not a legitimate marriage in its own privilege in the UK. It is an exclusively religious ceremony and isn’t acknowledged in the UK as a lawful function.
What are the immigration laws concerning marriage and spousal visas to the UK?
There are various laws and requirements which should be fulfilled before applying for the spousal visa in UK. Here are is a concise list:
- Your age and your spouse’s age must be 18+ years.
- You have to get married legally and according to British law.
- You should expect to live respectively for all time.
- You should have enough money to help yourselves and your dependents.
- Your supporting partner must earn more than £18,600 every year or enough saving to support you. The financial requirement is higher if they also have children to be supported.
- You should have appropriate accommodation for you, your life partner and any dependents.
- You must also fulfil the English language requirements.
What problems arise when only an Islamic marriage is entered (and there is no civil ceremony)?
In British law, a marriage, performed as only a religious ceremony in UK, is not considered as a valid marriage. You have to fulfil all the legal requirements along with the religious ceremony. If someone only relies on religious function and considers it as a whole or doesn’t perform a civil ceremony, they face a lot of problems. First of all their marriage is not recognised legally so they can enjoy all the facilities as the married couples of UK.
Another main problem which arise when only Islamic marriage is entered and there is no civil ceremony is that if the marriage does not work, women who have just had a nikah (Islamic ceremony) can’t go to the family court to look for a division of assets, for example, the family home, property and life partner’s pension. It can also bring about some other major issues. Therefore, it is necessary to register the marriage according to British law along with religious registration. Talley and Barrow are here to help you in all these aspects.