Why are British Muslim marriages unprotected by legislation?

London, England – When Maureen wed her husband Rashid in a Muslim ceremony in 1973 in Bradford, she knew that must the connection collapse, she would no longer be entitled to section his resources.

Her marriage changed into as soon as sanctified within the eyes of God, nonetheless within the eyes of the converse it changed into as soon as « unregistered », no longer upright, and so financial protections codified in legislation to guard married couples headed for divorce didn’t apply to her.

The couple separated in 1987 and Rashid died the next 300 and sixty five days in a automobile accident.

Both Maureen and her then 12-300 and sixty five days-feeble son, Conor, had been forcibly evicted from their family dwelling in Bradford registered in her husband’s title. They had been left homeless and without any financial toughen because their marriage changed into as soon as no longer recognised by English family legislation.

« I fought for seven years thru solicitors with my husband’s family, nonetheless within the tip, we didn’t safe a penny. They bought nothing and I purchased nothing because my husband didn’t rep a will, » she told Al Jazeera.

« The dwelling changed into as soon as in his title and we weren’t married in English legislation. In the tip, my son and I had been thrown out of the dwelling. I take into fable I needed to beg to be let benefit in to safe some clothes we left within the good thing about. We kindly-looking bought handed round by the council from region to region till we bought a maisonette. I at closing bought three dinky jobs that bought us by, nonetheless within the interim, every part changed into as soon as kindly-looking a nightmare. »

Forty-four years since Maureen’s relationship ended, the effects of unregistered marriages proceed to affect Muslim girls folk and children who’ve fallen into this upright sunless-hole.

Sixty percent of Muslim marriages unregistered

Lately, British broadcaster Channel four commissioned the largest gaze of its style amassing details from 903 British Muslim girls folk to safe out the extent of unregistered non secular-handiest marriages.

In step with the 1949 Marriage Act, in England and Wales, handiest Anglicans, Jews, and Quakers are required by legislation to have a civil ceremony alongside a non secular ceremony.

In the tournament of a divorce, the build to originate of proceedings when it comes to the splitting of economic resources is an equitable 50 percent shatter up. On the opposite hand, Britain has change into more various since this act. As well to Islam, the country’s second largest faith, Sikhism and Hinduism are no longer integrated within the act.

The rationale non secular-handiest marriage is an increasing selection of acceptable to Muslim couples, in my gaze, is that it mirrors cohabitation. So if couples in wider society is also a family without a proper marriage, why no longer Muslims?

Rajnaara Akhtar, researcher

Campaigners such as solicitors Duncan Lewis and Aina Khan, and Conservative undercover agent Baroness Caroline Cox argue that legislative commerce must glance all non secular marriages must be registered. On the opposite hand, diversified analysis suggests the answer is no longer this straightforward.

Sixty percent of girls folk surveyed by Channel four had a non secular-handiest marriage. A majority of sixty six percent knew their union had no upright feature. Practically half said that they didn’t intend to have a civil ceremony.

Rajnaara Akhtar, a researcher of British Muslim issues and lecturer at Leicester’s De Montfort College, summarised the gaze.

« The rationale non secular-handiest marriages is an increasing selection of acceptable to Muslim couples, in my gaze, is that it mirrors cohabitation. So if couples in wider society is also a family without a proper marriage, why no longer Muslims? » she told Al Jazeera.

Cohabitees are the fastest increasing family group within the UK.

While she recognised some girls folk’s difficulties, Akhtar said a blanket recognition of non secular marriage would possibly per chance per chance well be problematic.

For some Muslim girls folk, she said, no longer registering a wedding reach with obvious advantages.

« Where you’ve gotten gotten a couple [without] resources, there in actuality is rarely in actuality a reason to formally marry because it methodology that the strategy of divorce, if that had been to happen, goes to be lengthy-winded. I in point of fact have learn analysis findings the build you’ve gotten gotten girls folk on their second marriage, who having long past thru a proper marriage and a proper divorce the first time round and realising how sophisticated it changed into as soon as, purposely opt out of a registered marriage.

« For them, having a wedding that’s religiously recognised nonetheless no longer recognised by the converse is preferable. So this comes all of the formula down to a question of autonomy. »

Of these in unregistered marriages, 28 percent said they didn’t realise that their Islamic ceremony changed into as soon as no longer legally recognised.

This would well be thanks to the « delusion of the final legislation accomplice », Akhtar said, the flawed assumption that cohabitants lift upright feature in English legislation.

This lack of expertise is no longer uncommon to the Muslim group.

‘Clear up’ wished

In a gaze conducted by British Social Attitudes in 2006, 58 percent of respondents idea that cohabiting couples who shatter up up had the identical upright feature as married couples.

Jakki Smith, an NHS employee from Chorley, Lancashire, understands the upright boundaries of cohabitation.

She changed into as soon as denied bereavement damages when her accomplice of sixteen years, John Bulloch, died in 2010 after doctors failed to converse an infection.

Had she been married by legislation, she would were eligible.

On the opposite hand, Smith and Bulloch had been divorced beforehand and decided they didn’t desire a civil ceremony.

Jakki Smith, left, said she changed into as soon as upset she didn’t have cohabiting rights after her accomplice died [Courtesy: Jacki Smith]

« I changed into as soon as the person that lived with him, cherished him the most, and I’ll per chance not even register his demise, » she told Al Jazeera.

« As a general legislation accomplice, I changed into as soon as mindful that I wasn’t entitled to assert his pension, nonetheless I wasn’t fully attentive to the total limitation of no longer being recognised in any appreciate. I wasn’t even mindful there had been bereavement damages till I spoke to my solicitor.

« The authorities has to accept fogeys are altering, other folks purchase to stay collectively without being married. It’s about internal most want. »

In November, she obtained a upright combat in opposition to the authorities on the grounds her human rights had been breached.

Girl Brenda Hale, the first female president of the Supreme Courtroom, changed into as soon as quoted by The Cases newspaper closing month as announcing that there must be « a clear up for single couples in English legislation ».

A Cohabitation Rights Invoice addressing the rights of cohabiting couples has been equipped on the Properties of Lords consecutively for the closing three years, and had its first reading within the Home of Lords earlier this 300 and sixty five days, and must have a second reading on a date yet to be presented.

Editorial display: The writer of this fragment contributed to the Channel four gaze