Nikah-Only Marriages and Muslim Women in the UK

Abstract:

A growing number of Muslim women in the United Kingdom are entering nikah-only marriages, which are Islamic matrimonial contracts and religious unions conducted without formal civil registration in the UK. While these marriages are valid under classical Hanafi law, they lack recognition under UK family law. This situation leaves women without legal protection in cases of divorce, domestic abuse, property disputes, or child custody. This paper argues that continued reliance on classical rulings without adjusting to modern legal contexts causes structural harm, particularly for women, and contradicts the higher objectives of Islamic law. These marriages raise complex issues around legal recognition, rights, and reform, especially when analyzed through the lens of Hanafi jurisprudence and the lived experiences of Muslim women in the UK.

This paper draws on key Hanafi texts, such as al-Hidaya by al-Marghinani, Mukhtasar al-Quduri, Radd al-Muhtar by Ibn Abidin, and Fatawa ‘Alamgiri, to re-examine the foundational requirements of marriage in the Hanafi school. Although these texts do not require state registration, they stress the importance of public acknowledgment, protection of rights, and prevention of harm. The lack of legal options in non-Muslim countries like the UK creates a significant legal gap that classical jurists could not have predicted.

Using a doctrinal and socio-legal approach, the paper reviews British legal cases, such as Akhter v. Khan (2018), along with UK-based fatwas and case reports, to highlight the legal vulnerability of women in unregistered marriages. It then applies Hanafi usul al-fiqh tools, such as istihsan (juristic preference), maslahah mursalah (public interest), and sadd al-dhara’i (blocking legal harm), to suggest a legally grounded reform. This involves classifying civil registration as a shart takmīlī (complementary condition) for nikah in secular settings.

This proposal maintains the integrity of Hanafi fiqh while responding to modern minority contexts. It calls on Islamic scholars, imams, and institutions in the West to avoid performing nikah without prior or simultaneous civil registration. The reform aligns with the maqasid, particularly in protecting women, wealth, and family structure, and it addresses a serious gap between legal theory and real-life situations. This paper presents a juristically sound, socially responsive, and practical Hanafi framework for addressing one of the most pressing Islamic legal issues confronting Muslims in the West today.

Introduction

In February 2020, the Court of Appeal confirmed that a nikah performed without civil registration in England is a “non-qualifying ceremony.” This means it provides no legal protection under the Matrimonial Causes Act 19731. This ruling, following earlier cases like Akhter v. Khan (2018), highlighted a continuing issue. While Islam views the nikah as a complete marriage contract, English law does not recognize it as marriage. This creates a growing divide between what is valid in religious terms and what is enforceable in civil law, leaving many Muslim women in vulnerable situations after a marriage ends.

Reports from women’s advocacy groups have highlighted this issue. A large number of Muslim marriages in Britain happen as nikah-only unions, without formal registration. This leads to serious consequences: women may lose financial rights, face challenges in custody claims, and miss out on legal protections available to registered spouses. Case studies show that many women are unaware of these risks until they experience divorce or abandonment. At that point, both the courts and Shariah councils offer little support.

Scholars have noted a conflict between diverse family practices and a strict legal system. Research indicates that cultural norms, religious beliefs, and lack of awareness influence the choice to depend on nikah-only marriages. However, these same factors also lead to legal risks. There have been increasing calls for reform in English marriage law, but the discussion continues about whether the change should come from the state, from Muslim communities, or from both.

Matrimonial Causes Act 1973, c.18 – The primary laws governing marriage and divorce in England and Wales

Within Islamic legal tradition, classical Hanafi texts like Al-Hidaya2 and Radd al-Muhtar3 outline the requirements for a valid marriage: mutual consent, witnesses, and dower. In pre-modern Muslim societies, state registration was not seen as necessary, and Shariah courts protected marital rights. Yet, in a secular context without such safeguards, these requirements seem insufficient. Contemporary Islamic legal thought now questions whether concepts like istihsan (juristic preference) and maslahah (public interest) can be used to redefine marriage validity for Muslim minorities.

This paper addresses that issue. It explores nikah-only marriages in the UK through Hanafi jurisprudence, English case law, and policy reports. By merging doctrinal examination with social and legal realities, it argues that civil registration should be seen as essential for Muslim marriages in non-Muslim areas to meet the goals of the Shariah and to provide justice for vulnerable women.

Literature Review

The issue of nikah-only marriages in the United Kingdom has gained considerable attention in legal and academic discussions. Researchers agree that these marriages, while valid under Islamic law, do not hold recognition under English law unless they are registered civilly. This gap creates legal uncertainty and social vulnerability, particularly for Muslim women.

Legal and Social Context in the UK

Several studies highlight the real-life impacts of unregistered marriages. Sandberg4, in Religion and Marriage Law (2021), argues that the English legal system has not kept up with the realities of religious diversity. This leaves many Muslim families without legal protection. Similarly, Rajnaara Akhtar 5(2017) points out in Muslim Family Law in Western Courts that cultural norms and community practices often discourage civil registration. As a result, women lose financial and property rights when marriages fail. These findings are supported by research from Parveen (2018), who shows that many women in nikah-only unions believe their marriages are legally binding, only to find out otherwise during divorce.

Policy studies have also revealed the social cost of this legal gap. The report Second-Class Citizens by CIVITAS6(2017) describes widespread economic hardship among women abandoned after religious-only

Burhan al-Din al-Marghinani, al-Hidaya fi Sharh Bidayat al-Mubtadi*, Kitab al-Nikah – a foundational Hanafi text outlining the conditions required for a valid marriage.
Muhammad Amin Ibn ʿAbidin, *Radd al-Muhtar ʿala al-Durr al-Mukhtar* – an influential Hanafi legal commentary discussing marriage conditions, the role of witnesses, and harm prevention.
Sandberg, in Religion and Marriage Law (2021), Published by Bristol University Press in 2021 Religion and Marriage Law
Rajnaara is a socio-legal researcher with a focus on family law. In particular, her research centres on marriage formalities and legal treatment.
CIVITAS, Second-Class Citizens: The Treatment of Muslim Women in the UK, London, 2017 – a report documenting how unregistered marriages lead to financial and social exclusion for Muslim women.

Marriages. The Muslim Women’s Network UK7(2016) documents how the lack of civil recognition weakens access to justice and family security.

Shariah Councils and Dispute Resolution

Scholars have looked into the role of Shariah councils in addressing disputes arising from unregistered marriages. Bowen, in On British Islam (2016), provides an ethnographic account of how these councils function. He notes that while they manage religious divorces, they do not have the authority to enforce

financial solutions. Samia Bano (2012) critiques these councils in Islamic Family Arbitration, Justice and Human Rights in Britain, arguing that relying on them without legal registration leaves women in a tough spot—cut off from both state protection and effective religious enforcement options. Research Question.

Islamic Legal Thought and Reform

From a normative perspective, leading Muslim scholars have called for reinterpreting Islamic marriage laws to fit the contexts of Muslim minorities. Khaled Abou El Fadl8, in Speaking in God’s Name (2001), insists that the ethical goals of Shariah, which are justice and protection, must guide legal reasoning today. Tariq Ramadan (2004), in Western Muslims and the Future of Islam, also promotes legal creativity (ijtihad) to tackle structural injustices that Muslim communities face in secular settings.

In the Hanafi tradition, classical jurists like al-Marghinani (al-Hidaya) and Ibn ʿAbidin (Radd al-Muhtar) state that a valid marriage requires an offer and acceptance, witnesses, and dower, but not state registration. This omission reflects a time when Islamic courts and community authority enforced laws. However, contemporary scholars like Rajnaara Akhtar (2018) point out that applying these rules in secular states without changes can cause significant harm. This encourages the use of Hanafi concepts like istihsan (juristic preference) and maslahah (public interest) to address current situations.

Gap in Scholarship

While existing studies offer valuable insights into the social impacts of nikah-only marriages and the shortcomings of current laws, there is limited research that connects these findings with a structured Hanafi legal analysis. Most legal scholarship calls for state reform, while Islamic studies often remain descriptive. This paper aims to fill that gap by providing a well-founded yet reform-minded Hanafi approach to civil registration, drawing from both classical sources and the experiences of Muslim women in the UK.

Research Question:

This research seeks to investigate how Hanafi Islamic law can be applied to solve the legal plight of Muslim women in the United Kingdom who are in nikah-only marriages but without civil registration. Even though such marriages are valid under Islamic principles, English law will not acknowledge them unless registered. Consequently, women are denied property rights, maintenance, and child support when the marriage collapses.

The central research question is:

How can civil registration be seen as a requirement for the validity of nikah-only marriages under Hanafi principles, to ensure Muslim women's rights in a non-Muslim nation such as the UK?

To provide a better answer to this, the study also examines:

What are the conditions and regulations of marriage that are laid down in classical Hanafi sources, and how did these regulations ensure rights in previous Muslim societies?
What is the status of religious-only marriages under English law, and what are the real-world implications for the legal and social welfare of women?
What Hanafi legal mechanisms, i.e., averting harm and accomplishing public interest, can be utilized to modify rules of marriage without altering their religious connotation?
How can civil registration be made compulsory as an extra condition that benefits women's welfare without rendering the marriage invalid in religion?

In answering these questions, this study aims to provide a solution that is faithful to Hanafi teachings yet addresses real challenges Muslim women encounter today. It brings Islamic principles together with contemporary challenges and assists in upholding fairness, protection, and justice for families who reside in Britain.

Objective:

The primary aim of this research is to examine how the Hanafi rules of Islamic law can be utilised to tackle the issues of Muslim women in the United Kingdom who are in nikah-only marriages, which are not registered civilly. Such marriages, although perfectly valid under Islamic law, frequently leave women with no legal protection whatsoever under British family law, leading to economic disadvantage, abandonment, and social vulnerability. This paper seeks to identify a means that is sensitive to the religious aspect of marriage yet protects women's rights in the contemporary legal context.

The aim is not to transform the essence of the nikah but to suggest civil registration as an additional condition that serves to preserve women's dignity, family stability, and economic rights. This

Modification would enable Hanafi scholars to provide rulings that are both true to the tradition and adaptive to Muslim families residing in non-Muslim societies.

In the end, this research seeks to bridge the gap between religious law and contemporary legal frameworks in order to ensure that justice, fairness, and protection remain core to family life. In so doing, it creates solutions that are both ethically solid and socially accountable, and provides Muslim women with the support that they deserve without undermining their faith.

Methodology:

This research adopts a qualitative, doctrinal, and socio-legal methodology, combining classical Islamic legal analysis with the study of contemporary legal and policy materials. The approach is interpretive rather than empirical, relying on primary and secondary sources to develop a reform-oriented argument within the Hanafi school of law.

Doctrinal Analysis of Hanafi Legal Sources

The first part of this study examines classical Hanafi jurisprudence to establish the legal framework governing marriage (nikah). Primary sources include al-Hidaya fi Sharh Bidayat al-Mubtadi by al-Marghinani and Radd al-Muhtar by Ibn ʿAbidin. These texts are analyzed to identify the essential conditions (arkan) and requirements (shurut) of a valid marriage, as well as the underlying principles such as harm prevention (dafʿ al-darar) and public interest (maslahah). This doctrinal analysis provides the foundation for assessing whether civil registration can be integrated into Hanafi jurisprudence as a contextual requirement (shart takmīlī).

Analysis of English Legal Framework and Case Law

The second component involves a detailed review of English family law relating to marriage and its recognition. Landmark cases such as Akhter v. Khan (2018), Attorney General v. Akhter (2020), and Hudson v. Leigh (2009) are examined to clarify how English courts interpret religious-only marriages and the consequences for women in unregistered unions. Legal principles from the Marriage Act 1949 and the Matrimonial Causes Act 1973 are also considered to contextualize the absence of protection for spouses in nikah-only marriages.

Review of Policy Reports and Scholarly Literature

The research incorporates findings from policy reports, including the CIVITAS report (2017) and the Muslim Women’s Network UK briefing (2016), which document the social and economic vulnerabilities arising from unregistered marriages. Scholarly contributions from Sandberg (2021), Akhtar (2017; 2018),

and Bowen (2016) inform the socio-legal dimensions of the issue, while ethical frameworks from Abou El Fadl (2001) and Ramadan (2004) provide a basis for normative reform.

Hanafi Legal Framework on Marriage (Nikah)

In the Hanafi school, marriage (nikah) is a legal contract (ʿaqd) that permits lawful relations between a man and a woman under defined conditions. Unlike modern English law, classical Hanafi jurisprudence does not require state registration; rather, it emphasizes contractual and communal elements as set out in authoritative texts such as al-Hidaya by al-Marghinani and Radd al-Muhtar by Ibn ʿAbidin.

Essential Elements of a Valid Nikah

Hanafi jurists stipulate three core requirements for validity:

Offer and Acceptance (Ijab wa Qabul): Both parties must conclude the contract in a single session with clear verbal expressions.

Witnesses: The presence of two male witnesses, or one male and two female witnesses, is obligatory. As Ibn ʿAbidin stresses, this prevents secrecy and safeguards public acknowledgment.
Competence of Parties: Both spouses must be legally capable (ahliyyah) and not within prohibited degrees of kinship.

Mahr (dower) is also enforceable, though not a validity condition. These elements underline that marriage in Hanafi law was a community-recognized private contract, not dependent on state authority.

Women’s Autonomy and the Role of Wali

A distinctive Hanafi feature is its allowance for an adult, sane woman (bālighah, ʿāqilah) to contract her own marriage without a guardian’s consent (wali), provided the spouse is her equal (kufʾ) and the dower is customary. This principle, known as wilayah al-nafs (self-guardianship), reflects the school’s emphasis on personal agency. Other Sunni schools—Shāfiʿī, Mālikī, Hanbalī—require a wali for validity, but Hanafis interpret hadith restricting women’s autonomy as non-decisive and rely on Qur’anic verses granting women freedom, such as:

“Do not prevent them from remarrying their husbands…” (Qur’an 2:232).

This historical flexibility is critical for reform: if Hanafi law accommodated autonomy over guardianship to protect women’s interests, it is consistent to argue that the same law can incorporate civil registration today to prevent harm and ensure justice in secular jurisdictions.

Absence of State Registration in Classical Context

Neither al-Hidaya nor Radd al-Muhtar mentions state registration as a requirement. This omission reflects a historical reality where Islamic courts safeguarded marital rights, making registration unnecessary. In non-Muslim contexts, however, this protection does not exist, leaving women vulnerable if marriages are unregistered.

Hanafi Principles for Modern Adaptation

The Hanafi school of jurisprudence has significant principles that enable the jurists to adapt legal practices if necessary to safeguard individuals from harm. The principles can be applied to accommodate the proposal of making civil registration a requirement in marriage today, without altering the religion.

Prevention of Harm (Dafʿ al-Darar): Islamic law instructs that whatever causes harm must be avoided. If non-registration of a marriage makes things difficult for women, it is the duty of the jurists to discover an avenue to prevent such harm.
Prevention of Harmful Ends (Sadd al-Dhara'i): When a lacuna or deficiency in the law causes injustice, further provisions can be introduced to prevent those harmful consequences. This enables the law to safeguard individuals when conditions alter.
Public Interest (Maslahah) and Juristic Preference (Istihsan): Hanafi jurists have permitted flexibility when strict rule enforcement leads to issues. They can opt for solutions that serve the common good while remaining faithful to Islamic principles.

Applying these principles, civil registration can be instituted as an additional condition for marriage in nations such as the UK. It is not a revision of the fundamental rules of the nikah but a utilitarian measure to safeguard women's rights, ensure family stability, and promote justice in modern society. This movement is in line with the goals of Islamic law, including the safeguarding of family lineage and the protection of people's property and welfare.

UK Legal Framework and Case Analysis

Marriage in England and Wales is governed by the Marriage Act 1949 and the Matrimonial Causes Act 1973. These laws require marriages to follow certain formalities, such as being conducted in registered venues and by authorized officials. Religious ceremonies like nikah are not legally valid unless followed by civil registration. This creates a gap: marriages that are valid in Islam may be treated as if they do not exist in English law.

Hudson v. Leigh9(2009)

This case established the idea of a “non-marriage.” The court explained that if a ceremony does not meet the requirements of the Marriage Act, it is not even a void marriage but a “non-marriage.” In such cases, the parties have no rights under family law. This principle has been applied to many nikah-only marriages.

Akhter v. Khan10(2018)

In this High Court case, Nasreen Akhter sought recognition of her nikah-only marriage. The judge ruled that, although it did not comply with the Marriage Act, it should be treated as a “void marriage” rather than a non-marriage. This meant she could at least seek financial protection under the Matrimonial Causes Act. The decision was seen as more sympathetic to the realities of Muslim families.

Attorney General v. Akhter11(2020)

The Court of Appeal later overturned that decision. It ruled that a nikah-only marriage is a “non-qualifying ceremony” with no legal effect at all. This meant women in such unions cannot access the rights of divorce, property division, or maintenance under family law. The court made clear that only Parliament can change the law to recognize religious marriages.

Consequences for Muslim Women

Because of these rulings, women in nikah-only marriages are treated as if they were never married in the eyes of the law. They cannot claim spousal maintenance, share in property accumulated during marriage, or benefit from divorce settlements. Instead, they are treated like cohabitants, where rights depend only on property ownership. This legal position leaves many women financially insecure, especially when they have invested years of unpaid care or domestic work into the relationship.

Socio-Legal Impact of Nikah-Only Marriages in the UK

The problem of nikah-only marriages is not only legal but also social. The lack of civil recognition directly affects Muslim women and families in four key areas:

Financial Hardship

Hudson v. Leigh, \[2009] EWHC 1306 (Fam) – a case in which the court ruled that ceremonies not meeting statutory requirements are treated as “non-marriages” with no legal protections.
Akhter v. Khan, \[2018] EWFC 54 (Fam) – the High Court decision that attempted to classify a nikah-only marriage as void, allowing access to some rights under family law.
Attorney General v. Akhter*, \[2020] EWCA Civ 122 – the Court of Appeal ruling that a nikah-only marriage is a “non-qualifying ceremony” without legal effect, reinforcing the need for legislative change.

When a nikah-only marriage ends, women are excluded from protections under the Matrimonial Causes Act 1973. They cannot claim spousal maintenance, pension sharing, or a fair division of property. In many cases, women contribute through unpaid domestic work or even by supporting their husbands financially, but leave the marriage with nothing because the law sees them as unmarried.

Custody and Child Support

While English law allows mothers to keep parental responsibility, the absence of legal marriage often complicates disputes. Fathers sometimes avoid financial responsibility, and women struggle to secure proper child support. This creates instability for children, especially in cases of abandonment.

Risk of Abandonment and Lack of Protection

Because nikah-only unions are not recognized, men can end these marriages unilaterally, without going through civil divorce. Women often turn to Shariah councils for a religious divorce, but these bodies cannot enforce financial rights or property settlements. This double gap—no protection from the state and only limited relief from religious authorities—leaves women highly vulnerable.

Social and Emotional Effects

Many women enter nikah-only marriages believing they are legally valid. When disputes arise, discovering that they have no civil rights leads to shock, betrayal, and loss of dignity. Policy reports have shown that such experiences often result in stigma, isolation, and long-term psychological harm.

Proposed Hanafi Reform Model

The Hanafi school has always emphasized that marriage is not simply a ritual but a binding contract designed to secure rights and prevent harm. In classical times, these protections were guaranteed by the presence of witnesses and the authority of Islamic courts, which enforced obligations such as mahr, inheritance, and maintenance. In the British context, however, nikah-only marriages lack any legal recognition, meaning that these traditional protections cannot function. As a result, many Muslim women are left vulnerable when marriages break down.

To address this, civil registration can be reinterpreted as a necessary supplementary condition (shart takmīlī) for marriage in non-Muslim jurisdictions. This proposal does not change the essence of nikah, which remains grounded in consent, witnesses, and mahr. Instead, it extends Hanafi legal reasoning to contemporary realities where state law does not automatically safeguard Islamic contracts.

Hanafi jurisprudence provides strong tools for this adaptation. The principle of dafʿ al-darar (removing harm) requires jurists to prevent outcomes that damage individuals or communities. Istihsan (juristic preference) allows departure from strict analogy when fairness or necessity demands it. Maslahah (public

interest) recognizes that law must secure social welfare. These principles, used historically to adapt rulings across changing societies, can justify making civil registration obligatory in the UK to prevent injustice.

An important precedent lies in the Hanafi doctrine of wilayah al-nafs, which grants an adult, sane woman the autonomy to marry without a guardian. This ruling illustrates the school’s willingness to prioritize justice and women’s rights over rigid formalities. By the same reasoning, requiring civil registration today is a legitimate extension of Hanafi principles, ensuring that Muslim women enjoy both religious validity and civil protection. In this way, Hanafi law remains faithful to tradition while addressing the urgent realities of Muslim life in modern Britain.

Conclusion

The problem of nikah-only marriages in the United Kingdom exposes a deep tension between religious practice and civil law. While these marriages are fully valid under Islamic tradition, they are treated as “non-marriages” in English law unless registered, leaving women without the protections normally available in divorce or inheritance. This gap creates serious financial, social, and emotional harm, as women are denied rights to property, maintenance, and security, despite often contributing years of labour and care to family life.

The Hanafi school, which historically shaped the practice of Muslims in South Asia and beyond, provides important resources for addressing this challenge. Classical jurists outlined marriage as a contract based on consent, witnesses, and dower, but they also insisted on principles of justice, fairness, and harm prevention. The recognition of women’s autonomy through wilayah al-nafs is a clear example of Hanafi flexibility in protecting rights. By applying similar reasoning, contemporary scholars can argue that civil registration should now be considered a necessary element of marriage for Muslims living in the UK.

This approach does not undermine the essence of nikah but ensures that its objectives are fulfilled in a new context. It combines fidelity to Islamic tradition with responsiveness to modern social realities. Ultimately, adopting civil registration within a Hanafi framework strengthens both the religious and legal security of Muslim families and protects women from becoming the silent victims of an unresolved legal gap.

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References:

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