How is the Nikah and Polygamous marriage viewed under English Law?

If you have a nikah marriage in England and Wales, it will not recognised as a valid marriage unless you also have a civil ceremony. However, a nikkah alone undertaken in a Muslim country such as Pakistan may be recognised as a valid marriage in England and Wales if that marriage was in accordance to that country?s state law. Therefore, if you have had a nikah marriage only in England or another non Muslim country and wish to protect your spouse on your death, you should ensure that you write an Islamic Will so that your spouse can inherit from you on your death, because they would have no rights to your wealth if you died without a Will.

Likewise, if you have more than one wife, the second wife will not be recognised as your legal wife under English law. Therefore, whilst under Islamic Law, the second wife has an equal right to your wealth; under English law, she has no right at all.

As these marriages are not recognised, this places certain other restrictions on the parties to a polygamous marriage. For example, under Immigration law, a polygamous foreign husband is allowed to bring only one wife into the UK. Furthermore, a widow who was a second wife may be deprived from a state widow pension.

A man may divorce his first wife in accordance with English law and continue to live with both wives in accordance with Islamic law. However, the first wife will not be legally recognised as a wife under English law.

Please note a polygamous marriage is against the Law in most western Countries. The Islamic Wills Company Ltd does not promote any law breaking activities but understands the rights of a man under Shariah Law.

Submitted on Jul-30-2009

Written by The Islamic Wills Company Ltd

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.