Re: legal civil registeration in UK
So u guys are saying..a nikkah is valid in the UK as long as itw asn't performed IN the UK, right?
No. A nikkah is valid in the UK so long as it was conducted in a land where nikkah is a legal way of getting married.
For example, a nikkah in Pakistan is accepted as a valid licence in the UK. But a nikkah from France is not considered as a valid marriage licence in the UK, because nikkah has no legal status in France.
Re: legal civil registeration in UK
thanks for all ur replies guys.......
i dont understand y a husband wont want to legally marry his already existing wife?.....i know nikaah nama isnt a proof of marriage in UK until u r actually legally married....it'll cost round £20-£25 i think......
apart from the taxes benefits etc......*on the birth certificate of a new born child can a mother refuse her muslim husbands name to be put on the certificate? (if they are not legally married) *
i read this somewhere....
If the mother and father are unmarried, responsibility for registering the birth is the mother’s.
**If an unmarried father is not present and does not sign the register, his details will not be included on the birth certificate (and he will not gain Parental Responsibility for his child), unless:**
1) He makes a statutory declaration acknowledging that he is the father, which the mother must give to the registrar, or
2) A parental responsibility agreement or court order has been made and this document is presented at the register office.
so in Number 1.....all he has to do is fill in this simple form declaring he's teh father and thats it.....cant the mother do anything to avoid that?....if she doesnt want his name on the birth certificate!!!.....
what other reasons can their be for a husband NOT to wed his already wife legally......and if asked upon y cant we get marrid legally what if the answer is y shud we?......
Re: legal civil registeration in UK
If the mother does not want the father's info on the birth certificate, she would have to put "father unknown" or something like that. BUT the father has every right, if he desires, to have the birth certificate updated to reflect that he is the father. DNA testing would leave no doubt. So the wife is out of luck - if the father WANTS to be declared as the father, he will be. One way or another.
A man who does NOT want to legally marry is suspect - I mean the wife would have NO legal recourse. No right to benefits or to his income. He would be free to marry another. I just have to add this just in case. If the father is listed as the father on the birth certificate AND he is not legally married to the mother, he can take his child to an Islaamic country and that's the end of any hope for the mother keeping her child. Under Islaamic law, the children go to the father.
Re: legal civil registeration in UK
That's really shady.
Re: legal civil registeration in UK
I would be very suspicious of any man who was not willing to be legally married in the country where you reside. Basically, he's little more than a live-in boyfriend in the eyes of the law, and you are left with no legal protection if he decides to leave or marry another. In the US you would not be eligible to receive insurance benefits from him in many states, and in a few states (like Ohio), you couldn't even make decisions for him if he were incapacitated or potentially visit him at the hospital without his own family's permission, because you would not be considered next of kin.
Re: legal civil registeration in UK
If the mother does not want the father's info on the birth certificate, she would have to put "father unknown" or something like that. BUT the father has every right, if he desires, to have the birth certificate updated to reflect that he is the father. DNA testing would leave no doubt. So the wife is out of luck - if the father WANTS to be declared as the father, he will be. One way or another.
A man who does NOT want to legally marry is suspect - I mean the wife would have NO legal recourse. No right to benefits or to his income. He would be free to marry another. I just have to add this just in case. If the father is listed as the father on the birth certificate AND he is not legally married to the mother, he can take his child to an Islaamic country and that's the end of any hope for the mother keeping her child. Under Islaamic law, the children go to the father.
oh ym god....is this really tru?...had no idea....
thats harsh on the mother......so basically if the husband does not want to marry legally theres nothing a wife can do about it but jus accept it and live her life?.....
surley theres soemthing thw wife can hold against him or anything so he gives her that security!!....
unless all we as woman have to do is just 'trust' him with blind folds........and hope he doesnt leave me or doesnt take the kids away...!!!!
??
Re: legal civil registeration in UK
No. A nikkah is valid in the UK so long as it was conducted in a land where nikkah is a legal way of getting married.
For example, a nikkah in Pakistan is accepted as a valid licence in the UK. But a nikkah from France is not considered as a valid marriage licence in the UK, because nikkah has no legal status in France.
but wot about the nikaah taken place in UK?.....on UK land?.....will it not be enough evidence to the authorities that i am married to this person under Islam?
Re: legal civil registeration in UK
sallam aashi, i have done some talking to imams and registry offices to find out...........basically islamic marriage is recognised in the uk, but not under british law - marriage bit. I could be wrong or told duff info! If (allah na karey) a couple had an islamic marriage and got divorced, they would only be divorced islamically not under british law, so if a girl wanted to take half of everything she couldnt as she was not legally married in uk, make sense? god even im confused now! i think if u have a registration it is easier if u have a works pension etc. there is a gora at work who only got married to his 30 year partner so she could have his pension when he died etc as they wouldnt allow it otherwise, thats a bit of a huma rights issue i think xxx
dont know if what i said makes sense, reading baxck, im thinking, you what silsila?
Re: legal civil registeration in UK
No. A nikkah is valid in the UK so long as it was conducted in a land where nikkah is a legal way of getting married.
For example, a nikkah in Pakistan is accepted as a valid licence in the UK. But a nikkah from France is not considered as a valid marriage licence in the UK, because nikkah has no legal status in France.
Kinda complicated but a nikkah in france (or anywhere for that matter) can be considered a valid legally recognised marriage contract here in the UK, it's just a complicated and timely procedure and most find it quicker and easier to just have a civil ceremony instead.
Re: legal civil registeration in UK
In most western countries, there is total separation between church and state. So if you have a valid Nikaah, it is NOT a "legal" marriage. BUT if you live together for 7 years, it BECOMES a legal marriage by a law called "common-law marriage".
Even christians who marry in a church have to get a "marriage lisence" through the state. Most churches require this prior to performing a marriage ceremony since it serves to protect the couple (actually, it protects the wife).
Re: legal civil registeration in UK
but wot about the nikaah taken place in UK?.....on UK land?.....will it not be enough evidence to the authorities that i am married to this person under Islam?
No, because Islamic laws are not recognised by the British government as legally valid, just as Judaic, Hindu, and Sikh laws are not.
Even Christian church marriages have to be legally entered in the civil registry.
Re: legal civil registeration in UK
I don't understand why this is even a big deal. Does it hurt to get registered?
Re: legal civil registeration in UK
To the shady guy/girl... yes it does :)
Re: legal civil registeration in UK
^^
haha
well yeh it wud matter a lot to get registered if there is a huge inheritance involved and you dont want it going to ur other half as simply if the other half passes away.....
Re: legal civil registeration in UK
^ Which is why you write a will and/or sign a pre-nup.