Header Image

Testimonial

 

"And among His signs is this, that He created for you mates from among yourselves, that you may dwell in peace and tranquility with them, and He has put love and mercy between your (hearts). "

Qur'an 30:21

 

Islamic marriages – are you really married under English law?

 

The importance of a Muslim making a will which disposes of his estate according to the injunctions of the Holy Quran cannot be over-emphasised. The Holy Quran in Sura An-Nisa, Ch IV, verses 11, says, "“ Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two thirds of one's estate. And if there is only one, for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth, after any bequest he [may have] made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah . Indeed, Allah is ever Knowing and Wise.” " It is incumbent, therefore, upon every Muslim to make a will that disposes of his property on death according to the principles of inheritance applicable under the Muslim religion. The Holy Prophet (PBUH) has said that a person who dies having made a ‘good will’ dies the death of a martyr and one who dies without having made such a will dies the death of a pagan. The reference to the making of a ‘good’ will by the Holy Prophet (PBUH) must, for Muslims living in England and Wales, be a will that makes provision: 1. for all the lawful ‘debts and expenses’ of the deceased that are payable under the Islamic law to be paid in full—even if they are not payable under English law: 2. for the payment in full of the liability of the deceased for zakaat and any other religious dues. These are considered under Islamic principles to be debts that are lawfully due from the deceased: 3. for the saying of the qadha (unfulfilled) prayers of the deceased, the performance of his unkept fasts and any other religious obligation that may be due from him, such as the failure to perform the Hajj when he should have done. It is open for the saying of such qadha prayers and the performance of any other obligation that may be due from the deceased to be performed after his death by a person who is engaged, for reward, for that purpose. However, it is necessary for the deceased to make it clear who should oversee this after his death. It suffices that he does so and (if appropriate) makes adequate provision for the payment of any sum to have such obligations carried out either from his estate or from any other lawful source. It appears that any amount payable from the estate for the fulfilment of this obligation will need to be paid from the one-third share over which the deceased has an absolute right of disposal: 4. for every person who is entitled to the benefit of an interest in the estate of the deceased under the Muslim religion to obtain the distribution of his benefit in full or to have it otherwise accounted to him in full, for example, having it distributed to another person on his directions where he has waived his entitlement to the benefit in favour of that person; and 5. for as much of the estate as is possible to be used for good and worthwhile causes, such as helping the needy and impoverished Muslims. Apart from the payment of religious dues which will primarily be used for good causes and which will be payable before the distribution of the net estate is made, it will only be the one-third share over which the deceased has an absolute right of disposal that he will specifically be able to use for this purpose. 6. To ensure the lawful disposal of the body of the deceased under Islamic principles. The Islamic wills and Probate services to cater for your religious needs are delivered by the carefully selected firms who have specialist support and subsidised fees to the consumers referred by the Halal Council. Please contact our Mr M. Saleem in full confidence for an initial free consultation to assess your eligibility for a referral to the firm of solicitors. This Project is exclusively supported jointly by Masood Butt of MB Legal – Business and Law Consultants and adPambrook Solicitors, Birmingham. If you an unsure of the validity of your marriage or your rights as a cohabitee and wish to speak to one of our specialist lawyers, please contact a member of our inhouse family law team. ad team who maybe able advise and assist you for your situation so you can decide the best way forward.

 

What does Islam say about marriage?

Muslims believe marriage is a fundamental building block of life. Marriage is a contract between a man and woman to live together as husband and wife. The marriage contract is called a nikah.

For most Muslims the purpose of marriage is to:

keep faithful to each other for the rest of their lives have children and bring them up in the Muslim faith Marriage is mentioned many times in the Qur'an, which Muslims believe is the word of God, as revealed to the Prophet Muhammad, and therefore, they follow its teachings on marriage.

Cohabitation in Islam

Muslims do not agree with pre-marital sex and therefore Muslim couples do not usually live together or cohabit until they are married. However, there are changing attitudes towards cohabitation. These changing attitudes mean that some Muslims decide to cohabit rather than marry and are more influenced by the values in modern society.

Muslim marriage ceremony

Although mosques are obviously places of worship, the majority of them in the UK, including Wales, have not yet been officially registered as such, and so any Islamic wedding that merely takes place at a mosque has to be registered legally with the UK law as well, in order to be seen as valid in the UK.

For many Muslims, it is the Islamic marriage ceremony that counts as the actual wedding, and not the legal confirmation of that wedding in a registry office. For this reason, Muslims in Wales will have a Muslim ceremony first, and then marry legally in a registry office.

The wedding ceremony is known as a nikah, and is usually a simple ceremony. The bride does not have to be present as long as she sends two witnesses to the drawn-up agreement. Normally, the ceremony consists of readings from the Qur'an, and the exchange of vows in front of witnesses for both partners. often the imam is present and performs the ceremony and gives a short sermon.

There are certain things which are basic to all Muslim marriages: marriages have to be declared publicly they should never be undertaken in secret the publicity is usually achieved by having a large feast, or walimah - a party specifically for the purpose of announcing publicly that the couple are married and entitled to each other

Inter Craft