Help needed re marriage under Islamic Religion -

sarahn · 20-02-2007, 16:42

Hi,
I have a friend who needs some advice about her marriage and obtaining a divorce, does anyone know of a Sheffield solicitor who has experience in dealing with marriages and divorces under the Islamic religion?
Any help gratefully appreciated,
Thanks!

upinwath · 20-02-2007, 22:34

I can't help you but I may know someone who can. I'll try to speak to them tomorrow.

Henrietta · 20-02-2007, 22:48

What advice does she need? Was she ever married at registery offices or other licenced premises, or only through an Islamic ceremony?

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Henrietta · 20-02-2007, 23:45

Quote:

Originally Posted by PottShrigley

..Islamic law which has no legal standing here

Hence the importance of the details of the ceremony - if it was only an Islamic ceremony, then she can effectively leave and divorce him herself if she chooses that route. Admittedly not as simply as the man can do but that is subjective and depends upon her determination to fix her situation

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purdyamos · 21-02-2007, 00:24

Thankfully, we do NOT have sharia law in this country even in tokenistic terms, so why does your friend need to find a solicitor regarding Islamic divorce law? The divorce law of this country is statuted under British law. If there is any symbolically Islamic business to deal with, see an Imam, not a lawyer?!

sarahn · 21-02-2007, 08:20

She got married in Pakistan, but has lived here her whole live, no other ceremony took place here, she's not seen her husband since and does not know where to start with divorce proceedings. She does not even know if her marriage is legal over here.
We thought it would be best for her to see someone who had some knowledge about the area rather than just a 'regular' divorce solicitor. She doesn't seem very keen about seeing a solicitor who also happens to be a Muslim as she doesn't want to be judged for her decision, and feels she might be by a fellow Muslim, just wants it all sorting out as quickly as possible.
Thanks for all your posts, she is completely in the dark and doesn't want to ask her family for help yet and I and most of her other friends just don't have a clue where to start with helping!

Henrietta · 21-02-2007, 10:06

To be quite frank Sarah then if she was married in Pakistan then in the UK she is still legally a single woman.

Her husband has been absent for how many years..? After a certain amount of time if there has been no contact from the husband then the union is considered null and void anyway..

Is she not in contact with her mosque?

KenH · 21-02-2007, 10:23

Quote:

Originally Posted by Henrietta

To be quite frank Sarah then if she was married in Pakistan then in the UK she is still legally a single woman.

No she isn't. If you have a legal marriage in another country then you aren't single, you are married.

Ade65 · 21-02-2007, 10:29

KenH,

You're right - the UK recognises marriages made elsewhere, so she is classed as married. From the sounds of it, she may be able to get a divorce easy enough.....but she does need to still get a divorce.

Ade

upinwath · 21-02-2007, 10:50

Quote:

Originally Posted by KenH

No she isn't. If you have a legal marriage in another country then you aren't single, you are married.

I believe this is not quite true as I'm looking at this at the moment.
In non EU or commonwealth countries I understand the marrage needs to be confirmed at the british embassy for british citizens. Pakistan, I think, falls inside the commonwealth and so the marrage of a UK citizen would be legal here if they did the paper work before getting married.

As for residents of any given country I understand that legal marrages for two locals are condidered valid in this country.

Henrietta · 21-02-2007, 11:04

Quite frankly the double standards involved within Islamic divorce make me rather cross.

In that for a man it is easy to divorce his wife but an equal right is not granted to the woman. However one might question the legalities of such a 'marriage' when the persons are resident in the UK and it is not registered.

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Henrietta · 21-02-2007, 11:06

So looping back to the OP, its not a solicitor she needs at this point (if at all). She needs to get herself down to the local mosque and she'll also have to stand up strong because quite frankly she'll need to defend her position

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upinwath · 21-02-2007, 11:22

Quote:

Originally Posted by Henrietta

Quite frankly the double standards involved within Islamic divorce make me rather cross.

In that for a man it is easy to divorce his wife but an equal right is not granted to the woman. However one might question the legalities of such a 'marriage' when the persons are resident in the UK and it is not registered.

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It may be double stadards but who are we to question someone else's culture.
I see so many Muslims want this and the other threads but you want to impose your ideas on muslims.

That's double standards at it's best.

Back to reallity.
For a UK citizen to have a legal marrage in a commonweath country they must have a cirtificate of non impediment. Depending on the country this has to be stamped as verified by the foreign office and confirmed by the consulate of that country.
You may also do this at the british conculate in that country.
This is UK law at the moment to make any overseas marrage legal in the UK.

I know as I'm looking at this at the moment. The laws may have changed over the years so this may not be the case for the lady in question.

I have some numbers coming to me for a suitable person to help out in this case and will PM them when I get them.

Henrietta · 21-02-2007, 11:29

Upinwath you are (understandably) unaware of what experience I have in this situation and frankly I have every right to comment on it!

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upinwath · 21-02-2007, 12:09

Quote:

Originally Posted by Henrietta

Upinwath you are (understandably) unaware of what experience I have in this situation and frankly I have every right to comment on it!

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If that's the case then fair comment

dj4321 · 21-02-2007, 16:32

Hmmmm, very messy indeed by the sounds of this. Somehow I think Islam and culture got mixed up. Women seem to always get a bum deal, when it comes to muslim matrimony. Its up to the woman to really seek professional advice from a muslim solicitor and a british solicitor as she is in Britain now.

Elan Tedrona · 21-02-2007, 19:58

I would suggest her to go A muslim scholar specialising in islamic legal matters. From the looks of it, your friend is already under 'the cases of divorce in islam' because her husband has not taken care of her or performed his duties as a husband.

max · 21-02-2007, 20:01

MOD: Can we please keep our views on Islam out of this thread and allow the OP to be answered? Thanks.

TESTPASS · 21-02-2007, 20:53

supression of free speach is not the answer to changing views.
How can anyone answer the question without going into what the question actually entails? there must be thousands of posts on other topics with peoples personal views but as long as the word muslim or islamic are not involed then its all okey dokey ????

max · 23-02-2007, 19:58

Quote:

Originally Posted by TESTPASS

supression of free speach is not the answer to changing views.
How can anyone answer the question without going into what the question actually entails? there must be thousands of posts on other topics with peoples personal views but as long as the word muslim or islamic are not involed then its all okey dokey ????

Nothing to do with suppression of free speech, the OP simply needed the name of a solicitor. They weren't looking for an argument on the rights or wrongs of Islam.