- Court rules that Islamic marriage ceremony created a void marriage in English law (Akhter v Khan)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: The Family Court examined the status of an Islamic (Nikah) marriage performed in England and found the marriage was void and therefore susceptible to a decree of nullity under the Matrimonial Causes Act 1973 (MCA 1973). Siddique Patel, solicitor with Shoosmiths, advises that this does not mean that every Nikah conducted in England and Wales will be classed as a void marriage, and that a Nikah marriage must be examined on its particular set of facts to determine its status.
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