British court recognises Sharia Law in landmark divorce case

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British court recognises Sharia Law in landmark divorce case

Post by Didge on Thu Aug 02, 2018 6:20 am

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/

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Re: British court recognises Sharia Law in landmark divorce case

Post by veya_victaous on Thu Aug 02, 2018 6:36 am

@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 no need at all for the Conservative outdated theocratic institutions to have part in secular law at all.

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Re: British court recognises Sharia Law in landmark divorce case

Post by Didge on Thu Aug 02, 2018 6:41 am

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 no need at all for the Conservative outdated theocratic institutions to have part in secular law at all.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

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Re: British court recognises Sharia Law in landmark divorce case

Post by veya_victaous on Thu Aug 02, 2018 7:03 am

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) 

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)

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Re: British court recognises Sharia Law in landmark divorce case

Post by Raggamuffin on Thu Aug 02, 2018 7:34 am

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.

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Re: British court recognises Sharia Law in landmark divorce case

Post by nicko on Thu Aug 02, 2018 10:46 am

British law only in Britain !
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Re: British court recognises Sharia Law in landmark divorce case

Post by Syl on Thu Aug 02, 2018 12:47 pm

Many different countries and cultures have different laws because they have different values.
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

Post by magica on Thu Aug 02, 2018 4:41 pm

nicko wrote:British law only in Britain !

I totally agree Nicko.

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