British court recognises Sharia Law in landmark divorce case
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British court recognises Sharia Law in landmark divorce case
Sharia Law has been recognised by a British court for first time after a Judge made a landmark divorce ruling which could change the way Islamic marriage and divorce works in the UK. The High Court ruled that an estranged couple's Islamic faith marriage, conducted in a ceremony called a nikah, does fall under British matrimonial law despite it not being legally recognised as such.
It means Nasreen Akhter will be free to bring her case to the divorce court and claim her share of the assets of her marriage where she previously would not have been able to. In the high-profile case Mrs Akhtar and her businessman husband Mohammed Shabaz Khan were deemed to have a valid marriage.
The Judge said the union should be recognised because the couple, who took their vows in 1998, lived as man and wife, introduced each other as such and had expectations similar to a British marriage contract.
https://www.telegraph.co.uk/news/2018/08/01/british-court-recognises-sharia-law-landmark-divorce-case/
It means Nasreen Akhter will be free to bring her case to the divorce court and claim her share of the assets of her marriage where she previously would not have been able to. In the high-profile case Mrs Akhtar and her businessman husband Mohammed Shabaz Khan were deemed to have a valid marriage.
The Judge said the union should be recognised because the couple, who took their vows in 1998, lived as man and wife, introduced each other as such and had expectations similar to a British marriage contract.
https://www.telegraph.co.uk/news/2018/08/01/british-court-recognises-sharia-law-landmark-divorce-case/
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Re: British court recognises Sharia Law in landmark divorce case
@Elizel
this is why Australia's de facto laws were so much more progressive and liberal than ANY marriage fiddling done by the more conservative nations.
Under De facto laws, if any couple Lived together in a sexual relationship with shared expenses for over 6 months then claims can be made on 'shared assets'. no need at all for the Conservative outdated theocratic institutions to have part in secular law at all.
this is why Australia's de facto laws were so much more progressive and liberal than ANY marriage fiddling done by the more conservative nations.
Under De facto laws, if any couple Lived together in a sexual relationship with shared expenses for over 6 months then claims can be made on 'shared assets'. no need at all for the Conservative outdated theocratic institutions to have part in secular law at all.
veya_victaous- The Mod Loki, Minister of Chaos & Candy, Emperor of the Southern Realms, Captain Kangaroo
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Re: British court recognises Sharia Law in landmark divorce case
veya_victaous wrote:@Elizel
this is why Australia's de facto laws were so much more progressive and liberal than ANY marriage fiddling done by the more conservative nations.
Under De facto laws, if any couple Lived together in a sexual relationship with shared expenses for over 6 months then claims can be made on 'shared assets'. no need at all for the Conservative outdated theocratic institutions to have part in secular law at all.
We have the same law in the uk
This is about the right to divorce
Guest- Guest
Re: British court recognises Sharia Law in landmark divorce case
no you don't. or there would be no need to reference the Sharia marriage (in order to prove a marriage existed so it can go through the splitting of assets)
Under Australia's De facto laws she can claim her share of the assets just by Proving they lived together as a couple for 6 months, no need to prove any marriage existed, a de facto relationship is all that is required.
And My comment is an extension of a discussion I was having with Elizel, Australia Left wing Actively Choose to pass laws that completely Ignored 'Marriage' rather than 'gay marriage' years before the rest of the west moved on Gay Marriage, Australia only followed suit because of Facebookers that didn't understand what had been achieved with De facto Laws relegated such policies obsolete.
Australia De Facto Laws render any marriage or divorce laws obsolete when it comes to the separation of assets. The example in the OP is literally one of the reason why it was seen as the MOST liberal way forward because it treats ALL religious marriages the same (basically irrelevant)
divorce court and claim her share of the assets of her marriage where she previously would not have been able to
Under Australia's De facto laws she can claim her share of the assets just by Proving they lived together as a couple for 6 months, no need to prove any marriage existed, a de facto relationship is all that is required.
And My comment is an extension of a discussion I was having with Elizel, Australia Left wing Actively Choose to pass laws that completely Ignored 'Marriage' rather than 'gay marriage' years before the rest of the west moved on Gay Marriage, Australia only followed suit because of Facebookers that didn't understand what had been achieved with De facto Laws relegated such policies obsolete.
Australia De Facto Laws render any marriage or divorce laws obsolete when it comes to the separation of assets. The example in the OP is literally one of the reason why it was seen as the MOST liberal way forward because it treats ALL religious marriages the same (basically irrelevant)
veya_victaous- The Mod Loki, Minister of Chaos & Candy, Emperor of the Southern Realms, Captain Kangaroo
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Re: British court recognises Sharia Law in landmark divorce case
Didge wrote:veya_victaous wrote:@Elizel
this is why Australia's de facto laws were so much more progressive and liberal than ANY marriage fiddling done by the more conservative nations.
Under De facto laws, if any couple Lived together in a sexual relationship with shared expenses for over 6 months then claims can be made on 'shared assets'. no need at all for the Conservative outdated theocratic institutions to have part in secular law at all.
We have the same law in the uk
This is about the right to divorce
No, we don't have that law in the UK.
Raggamuffin- Forum Detective ????♀️
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Re: British court recognises Sharia Law in landmark divorce case
British law only in Britain !
nicko- Forum Detective ????♀️
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Re: British court recognises Sharia Law in landmark divorce case
Many different countries and cultures have different laws because they have different values.
In Britain the law of the land should apply to all.
In Britain the law of the land should apply to all.
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Re: British court recognises Sharia Law in landmark divorce case
nicko wrote:British law only in Britain !
I totally agree Nicko.
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