Registration of Marriages Regulations 2021

Lord Hussain Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Lord Hussain (LD)]

My Lords, I draw the attention of your Lordships to the issue of marriage registration in some sections of the Muslim community in the United Kingdom.

As many of your Lordships are aware, the marriage ceremony in a Muslim wedding is known as the nikah. It can be performed by any Muslim. However, in the UK, an imam from a local mosque is usually asked to perform this duty, and normally he would issue a marriage certificate at the end of the ceremony, but these marriages are not officially recognised until they are registered with the local registrar.

Many families have two separate wedding ceremonies, one in a mosque, at a private residence or in a wedding hall, and a separate one at the registrar’s office. In some places, the local mosques have arranged with the registrar to join them at a recognised wedding venue and register the marriage on the same day. There is no issue with either of those practices. The issue that I have come across is with those wedding ceremonies or nikahs held at a mosque, a wedding hall or at a private residence, where an imam would lead a ceremony and issue a certificate but the registrar is not aware of those weddings and they are not registered with them—hence, those weddings have no legal status.

Since there is no compulsion on registration of a marriage with an official registrar in the religion of Islam, many people do not bother with registration, and thousands of Muslim marriages in the UK are not registered. I am personally aware of many such marriages. Most of these couples are living a happily married life, but problems strike in cases of post-marriage disputes—over divorces, inheritance, pension rights and so forth. Usually, but not exclusively, it is the female left in a disadvantaged position in such cases. To protect the rights of those engaged in these unrecognised marriages, can the Minister tell the House what steps the Government are taking to work with Muslim faith leaders and local registrars to ensure that all marriages taking place in the UK are formally recognised?