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Religious-only marriages and cohabitation : deciphering differences
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Akhtar, Rajnaara C. (2020) Religious-only marriages and cohabitation : deciphering differences. In: Akhtar, Rajnaara and Nash, Patrick and Probert, Rebecca, (eds.) Cohabitation and Religious Marriage: Status, Similarities and Solutions. Bristol University Press, pp. 69-84. ISBN 9781529210835
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Official URL: https://bristoluniversitypress.co.uk/cohabitation-...
Abstract
The independent review into the application of sharia law in England and Wales (Home Office, 2018) focussed on the implementation of ‘Sharia law’ by Sharia Councils. It proposed reforms to tackle the use of Sharia Councils, including legislative changes aimed at reducing the incidence of religious-only non-civilly registered marriages. The review has faced criticism on a number of issues. The key argument of this chapter is that any legal reform to address the negative outcomes of religious-only marriages should not be targeted solely at these relationships, but should rather encompass all cohabiting couples, who currently have very limited protection under the family law regime. The central premise of this argument is that the lack of rights for all cohabiting couples has been a long-standing failing of family law in England and Wales (Barlow et al, 2005). Religious-only marriages may be conceptually different from cohabitation, but the legal consequences remain the same. Therefore, the negative outcomes of both relationship types are very similar for the most vulnerable party – almost invariably the woman – making differing legal treatment unwarranted.
| Item Type: | Book Item | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | K Law [LC] > K Law (General) K Law [LC] > KBP Islamic law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Publisher: | Bristol University Press | ||||||
| ISBN: | 9781529210835 | ||||||
| Book Title: | Cohabitation and Religious Marriage: Status, Similarities and Solutions | ||||||
| Editor: | Akhtar, Rajnaara and Nash, Patrick and Probert, Rebecca | ||||||
| Official Date: | 17 July 2020 | ||||||
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| Page Range: | pp. 69-84 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Related URLs: |
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