Bangali sharia marriage not recognized in the UK- interesting story

I actually feel bad for the parents here. I think they chose to marry their son to someone who could look after him…and the UK court won’t recognize it…or allow it. i do see how it could become abusive but also wonder about the women he was married too.

UK-Bangladesh wedding ‘illegal’
The Court of Appeal has ruled that a marriage recognised in Bangladesh under Sharia law is not legal in the UK.
The 26-year-old British bridegroom had the mental capacity of a three-year-old and could not consent to the marriage, the court decided.

His marriage with a woman in Bangladesh took place in August 2006 over a speaker phone.

Since the man’s family planned to bring his bride to the UK, English law on consent must prevail, said the court.

The man, identified only as IC, was said to be highly suggestible and vulnerable.

The case was brought by Westminster Social and Community Services Department, which provides care for him.

His parents, Bangladeshi but long-term residents in the UK, chose his bride for him and arranged for the wedding to take place over the phone.

‘Potentially abusive’

It was intended that his wife, referred to as NK, would then obtain a visa and join him in the UK.

IC and NK have never met, and a court order prevents contact between the pair.

Lawyers for IC’s parents said that, as the marriage was valid in Bangladesh and under Sharia law, it should also be recognised in the UK.

However, three judges said IC was unable to give valid consent to the marriage.

The judgement describes the marriage arranged by IC’s parents as “potentially if not actually abusive of IC”.

It reads: "He has not the capacity to understand the introduction of NK into his life and that introduction would be likely to destroy his equilibrium or destabilise his emotional state.

“Physical intimacy is an ordinary consequence of the celebration of a marriage. Were IC’s parents to permit or encourage sexual intercourse between IC and NK, NK would be guilty of the crime of rape under the provisions of the Sexual Offences Act 2003.”

IC’s future welfare will be decided by a High Court judge later this year.

Story from BBC NEWS:

Re: Bangali sharia marriage not recognized in the UK- interesting story

[QUOTE]

However, three judges said IC was unable to give valid consent to the marriage.

[/QUOTE]

Please make a correction, "sharia" does not recognize marriage of a person who is unable to make a valid consent, henec under sharia law the marriage is "invalid".

I suppose that even under Bangali LAw the marriage will be invalid if IC is unable to give valid consent, its a case of Fraud and not that of conflict between Bengali and UK Law.

Re: Bangali sharia marriage not recognized in the UK- interesting story

True - if you have no consent, then you can't have a marriage, even in Islamic law. I'm glad the Brits have the cahoonas to enforce it. Ironically, muslims in Bangladesh couldn't manage that.

Re: Bangali sharia marriage not recognized in the UK- interesting story

^May be coz it was never brought to notice of Bengali court.

Re: Bangali sharia marriage not recognized in the UK- interesting story

Looks like parents of IC also have mental capacity of a three year old. If they were mature enough nothing like this would happen. They should also be tested for sanity.

Re: Bangali sharia marriage not recognized in the UK- interesting story

To call it a "Bengali Sharia Marriage" is just to sensationalize the news and to re-emphasize the perception that Islam is a backward religion that promotes stupidity and unjust behavior.

About the only check-point from a sharia law in this whole episode is that the maulvi sahab who officiated the nikkah should have realized that the groom does not have the mental capacity to enter into a nikaah. And this thing should have stopped right there. We all know, that nikah khawaans in sub-continent are many times neither resourceful nor smart to inquire about these things. They are called in for a specific purpose, they perform the nikah, collect their fees, eat a sumptous meal and leave. So its hardly surprising that the nikah khwaan did not catch this gaffe.

Groom's parents were probably just looking for a permanent, full-time, free caretaker for their kid. You can hardly fault them, though. Its not easy to take care of a special child, and these folks have taken care of their son for 20+ years. It takes a toll. My deepest sympathies are with them.

It is easy to blame the parents of the bride here. Why would they destroy the life of their daughter by tying her up to a guy with the mental capacity of ae 3-yr old. Not sure how much they knew. Asssuming they knew everything and still decided to go along with it, we really don't know their circumstances and what situation compelled them to consider this option for their daughter. Its hard to be fair when making an arm-chair critique of such a heart-rendering story.

British justice system did the right thing by putting a stop to this. Salute to them!

May God bless and guide everyone involved in this unfortunate story. Ameen.

Re: Bangali sharia marriage not recognized in the UK- interesting story

True - can't criticize them much for it, because muslim countries aren't exactly well known for their special arrangements for children with special disabilities.

Re: Bangali sharia marriage not recognized in the UK- interesting story

we brits rule. :biggthumb

Re: Bangali sharia marriage not recognized in the UK- interesting story

Did the bride know about her groom's condition? Because if so, and she went along with it, then who are we to say anything. But in the case she didn't or the parents didn't, then that's just terrible. Could they not hire a nurse? or did they think a wife was just cheaper?

Re: Bangali sharia marriage not recognized in the UK- interesting story

Sharia*T*

Re: Bangali sharia marriage not recognized in the UK- interesting story

I think the point of contention is consent from the disabled male. We don't know if he wants or doesn't want a relationship. He might really hate this wife for all we know after the marriage and would that be fair for either of them? Hence in Islam, you need consent of both bride and groom before a marriage can take place. Useless biryani-stuffing maulvis in the motherland don't GET this concept.