The Library
Case Note: 'From ‘non-marriage’ to ‘non-qualifying ceremony’
Tools
Tools
Tools
Akhtar, Rajnaara C. (2020) Case Note: 'From ‘non-marriage’ to ‘non-qualifying ceremony’. Journal of Social Welfare and Family Law, 42 (4). pp. 384-387. doi:10.1080/09649069.2020.1796375
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: https://doi.org/10.1080/09649069.2020.1796375
Abstract
The landmark first instance decision in Akhter v Khan [2018] EWFC 54 was welcomed by women’s rights activists campaigning for legal recognition of religious- only marriages in England. The judgment seemed to indicate a move away from the pre-established legal position of ‘non-marriage’ occupied by those in religious-only marriages where no steps were taken to undergo a ceremony recognised under English law. Williams J pronounced a decree of nullity in this case based on its particular facts, despite no civil ceremony; taking a ‘flexible’ approach to the interpretation of section 11 of the Matrimonial Causes Act 1973 (2018: [94], [96]). However, the purposive legal reasoning which included human rights law justifica- tions was widely critiqued and the resultant uncertainty in the law, no doubt compounded by a fear of floodgates and media misreporting (e.g. British court recognises Sharia law in landmark divorce case, The Telegraph, 1 Aug 2018) culmi- nated in an appeal by the Attorney General. In Attorney General v Akhter and Khan [2020] EWCA Civ 122 the Court of Appeal allowed the appeal, rejecting the flexible approach in the earlier decision and reinforcing the applicability of the ‘non- marriage’ category, albeit relabelled as ‘non-qualifying ceremony’ (2020: [7], [64]). I will begin by outlining the facts of the case and the first instance decision, before moving on to consider why this reasoning was rejected on appeal.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | K Law [LC] > K Law (General) K Law [LC] > KBP Islamic law |
||||||
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Journal or Publication Title: | Journal of Social Welfare and Family Law | ||||||
| Publisher: | Taylor Francis | ||||||
| Official Date: | 28 July 2020 | ||||||
| Dates: |
|
||||||
| Volume: | 42 | ||||||
| Number: | 4 | ||||||
| Page Range: | pp. 384-387 | ||||||
| DOI: | 10.1080/09649069.2020.1796375 | ||||||
| Status: | Not Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
 |
View Item |
