[Magdalen] San Bernardino & IS.

[Sal]

The issue has bounced around the SA legal system for years and is set for a hearing in the High Court this month. Lots of complex issues around equality and protection. Imams have been appointed as marriage officers but afaik the marriages must conform to the law ie consent and no other spouse. 

Sally D 

Sent from my iPhone

On 05 Dec 2015, at 11:56, Roger Stokes <roger.stokes65 at btinternet.com> wrote:

> On 05/12/2015 04:53, Sally Davies wrote:
>> Regarding the marriage/engagement: there can be legal issues with Islamic
>> marriages because in the traditional marriage ceremony the woman is not
>> present - she's waiting at home, all dressed up, for the husband and family
>> elders to complete the business at the mosque. At least that is what
>> happens here, and could be why the US regarded them as engaged not married,
>> until a civil marriage took place with both partners present to sign the
>> register before the marriage officer.
> 
> That is the position in the UK as well.  Muslim weddings are not valid in civil law.  The couple have to go through a civil marriage as well.  In some cases this has led to problems whgere the man claims the rights of a husband after the Muslim ceremony but refuses to get legally married.  If the marriage then breaks down he can go through the Muslim divorce process and the woman has no right to maintenance, etc which would be part of the civil divorce that would be needed if they were legally married.  She can, quite literally, left holding the baby and have to instigate another case to get maintenance for the child - which may or may not be paid as required.
> 
> Roger