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Council of Europe calls for Muslims in UK to legally register marriage before Islamic marriage

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Council of Europe calls for Muslim couples in UK to legally have to register marriage before or during Islamic ceremony

24 January 2019 | https://www.independent.co.uk/news/...uples-marriage-women-protection-a8743341.html

'The assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases,' new measure says

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A measure adopted by the 47-nation international organisation raised concerns about the role of sharia councils in family, inheritance and commercial law ( AFP/Getty )

Muslim couples getting married in the UK should be legally required to civilly register their union before or during the Islamic ceremony, the Council of Europe has said.

Raising concerns about the role of sharia councils in family, inheritance and commercial law, the human rights organisation made up of 47 member states, called for obstacles stopping Muslim women from accessing justice to be removed.

A resolution called on British authorities step up measures to provide protection and assistance to those who are in a vulnerable position and run awareness campaigns which teach Muslim women about their rights.

“Although they are not considered part of the British legal system, Sharia councils attempt to provide a form of alternative dispute resolution,” it says.

It adds: “Whereby members of the Muslim community, sometimes voluntarily, often under considerable social pressure, accept their religious jurisdiction mainly in marital and Islamic divorce issues, but also in matters relating to inheritance and Islamic commercial contracts.


“The assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases.”

The Council also called on member states to protect human rights regardless of religious practices and voiced concern about the “judicial” activities of “Sharia councils” in the UK.

Specialist lawyers say many Muslim couples do not follow Islamic ceremonies with civil marriages – a requirement under by the 1949 Marriage Act.

Last February, a Home Office commissioned experts review into the application of sharia law concluded that Muslims in the UK should undergo a civil marriage as well as a religious ceremony to make sure women are protected under the law.

The measure was needed to lessen “discriminatory practices” in the councils, the report said. However, it added that abolishing Sharia councils was “not viable” and they were “fulfilling a need in some Muslim communities”.


The review found that the vast majority of people using sharia councils were women seeking an Islamic divorce but very few council members were women.

Citing a number of examples of “bad practice”, the report said some had been inappropriately questioned on personal relationship matters. Women had also been invited to make concessions to their husbands in order to secure a divorce.

In one instance a forced marriage victim was asked to attend a council at the same time as her family, it said. Evidence indicated the proportion of Muslim couples who do not have a civil marriage was “high and increasing”, it added.

However, in a landmark ruling at the High Court in August, the Honourable Mr Justice Williams found a woman was entitled to maintenance from her husband after they split, even though they had only undergone a “nikah” ceremony and had not formally registered their marriage.

The Council of Europe’s new resolution welcomed the recommendations put forward in last year’s Home Office review.

It also called on the UK to ensure councils operate within the law “especially as it relates to the prohibition of discrimination against women, and respect all procedural rights”.

British authorities should work with Muslim communities, womens organisations and other non-governmental organisations to promote gender equality and women’s empowerment, it said.


It also set a deadline of June 2020 for the UK to report back on reviewing the Marriage Act, which would make it a legal requirement for Muslim couples to undergo civil marriages – which is currently required for Christian and Jewish marriages.

Responding to the resolution, a Home Office spokesperson said: “Sharia law does not form any part of the law in England and Wales. Regardless of religious belief, we are all equal before the law. Where Sharia councils exist, they must abide by the law.

“Laws are in place to protect the rights of women and prevent discrimination, and we will work with the appropriate authorities to ensure these laws are being enforced fully and effectively.”
 
Their country their rule. Whatever makes lives in uk easier for the people and safer.

Some questions:

1. What right does state have to interfere with private matters such as marriage and relationships?
2. Why does state constantly feel the need to control every aspect of human life?
3. Why does state feel the need for all to, without question, obey their ways?
4. Does intervention in relationship laws signal a move by state to place itself above a persons God?

5. State does not recognise any form of divine, as the state claims to be secular, why interfere in matters of divine? (as the state has no interest in divinity or divine matters)
 
Some questions:

1. What right does state have to interfere with private matters such as marriage and relationships?
2. Why does state constantly feel the need to control every aspect of human life?
3. Why does state feel the need for all to, without question, obey their ways?
4. Does intervention in relationship laws signal a move by state to place itself above a persons God?

Law of the land.

Sharia law (Muslim law) states we have to obey law of the land we live in. If muslims Dont follow the law of land they live in they are no more fit to he called as muslims.

If the law of the land is unbearable oppresive or unacceptible to muslims then muslims should leave that land and find new homes elsewhere.

In Quran The Creator of universe says dont fight or spread bloodshed or whisper of arguments on plannet earth. If u are opressed or cant practice ur faith freely just move awat from that land .
If we create trouble for people of that land and are trouble creators for those people in that foreign land than (Allah) Creator of the universe on the jugement day will ask us muslims why were we unjust/trouble creators? Was Allah's earth not big enough to move somewhere else for sake of ur faith and for sake of Allah?

So for us Muslims Law of the land is sacred no matter our own land or foreign land.

Law of the land holds utmost importance. Law of the land is for the people of that land to make and follow.

Those muslims if they face trouble they can move to states like pakistan, iran united states china or india where they are free to follow their religion

But i don't think brits are opressive its a common sensé they want their law to be equally implemented on all human beings in their land.

They have every right to do so. This makes their lives easy and safe . i Dont feel any muslim or jew or christian with sane mind can actually oppose this.

After all they are free to move to any other country if they feel uk and its laws are unjust. But i disagree. UK is a very good country for anyone from anywhere on earth .
Ofcourse no place can ever be perfect. Uk falls to third place in my opnion for freedom and liberty
USA being number 1 and Germany being number 2.
 
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Law of the land.

Sharia law (Muslim law) states we have to obey law of the land we live in. If muslims Dont follow the law of land they live in they are no more fit to he called as muslims.

If the law of the land is unbearable impressive or unacceptible to muslims then muslims should leave that land and find new homes elsewhere.

In Quran creator of the universe says dont fight or spread bloodshed or whisper of arguments on plannet earth. If u are opressed or cant practice ur faith freely just move awat from that land .
If we create trouble for people of that land and are trouble creators for those people in that foreign land than (Allah) Creator of the universe on the jidgement day ask us muslims why were we unjust/trouble creators? Was Allah's earth not big enough to move somewhere else for sake of ur faith and for sake of Allah?

So for us Muslims Law of the land is sacred noatter our own land or foreign land.

Law of the land holds utmost imprtance. Law of the land is for the people of that land to make and follow.

Those muslims if they face trouble they can move to states like pakistan, iran united states china or india where they are free to follow their relogion.

But i don't thimk brits are opressive its a common sensé they want their law to be equally implemented on all human beings in their land.

They have every right to do so. This makes their lives easy and safe . i Dont feel any muslim or jew or christian with sane mind can actually oppose this.

After all they are free to move to any other country if they feel uk and its laws are unjust. But i disagree. UK is a very good country for anyone from anywhere on earth .
Ofcourse no place can ever be perfect. Uk falls to third place in my opnion for freedom and liberty
USA being number 1 and Germany being number 2.

Law of the Land (as opposed to law of the sea) is constituted as natural law. Natural law is essentially the Law of Moses in Europe. The difference is evident in what court (ie. Crown) you attend and whether a jury is present for a crime.

There is NO commandment anyone has to obey the law of sea.

Law of the Sea is a body of laws, customs, and international agreements that apply to all nations.
 
Law of the Land (as opposed to law of the sea) is constituted as natural law. Natural law is essentially the Law of Moses in Europe. The difference is evident in what court (ie. Crown) you attend and whether a jury is present for a crime.

There is NO commandment anyone has to obey the law of sea.

Law of the Sea is a body of laws, customs, and international agreements that apply to all nations.


Law of the land for a normal human being = law of the country u are présent in. For example law of United kimgdom the written law that citizens follow even their armed forces and prime minister follows

That needs to be followed by everyone even Muslims and jews. If they dont like it by muslim faith they cant creatr trouble for uk citizens for the law. All they can do is request a change if its not entertained they are free to leave uk and go elsewhere . where they can be happy.

Law of land = constitutional law of a soverign country.
 
Law of the land for a normal human being = law of the country u are présent in. For example law of United kimgdom the written law that citizens follow even their armed forces and prime minister follows

That needs to be followed by everyone even Muslims and jews. If they dont like it by muslim faith they cant creatr trouble for uk citizens for the law. All they can do is request a change if its not entertained they are free to leave uk and go elsewhere . where they can be happy.

Law of land = constitutional law.

No,

This is the Court of Equity, The Court of Chancery, The Court of Admiralty, The Court of Family

Raising concerns about the role of sharia councils in family, inheritance and commercial law, the human rights organisation made up of 47 member states, called for obstacles stopping Muslim women from accessing justice to be removed.
https://www.gov.uk/courts-tribunals/chancery-division-of-the-high-court

This is where something legal and illegal happens and deals with commercial, trust and family matters.

The other courts i.e. courts such as Crown Court is where something Lawful and Unlawful (Criminal) happens. This is the Law of the Land.
 
No,

This is the Court of Equity, The Court of Chancery, The Court of Admiralty, The Court of Family


https://www.gov.uk/courts-tribunals/chancery-division-of-the-high-court

This is where something legal and illegal happens and deals with commercial, trust and family matters.

The other courts i.e. courts such as Crown Court is where something Lawful and Unlawful (Criminal) happens. This is the Law of the Land.

Well muslim law states we have to follow the constitution and legal law of a country as muslims otherwise we cant call ourselves muslim anymore
 
No i don't agree. The Law of the Land is only criminal law such as murder, rape, theft etc.

Read the quran. If you follow islam and teachings of Prophets like Mohammad , Jesus, Moses, Abraham peace be upon them all who got the laws from the Créator of the universe.
Then u have to obey the laws of the country/kingdom/state u are present in. If u don't follow the law of that country then the creator says u no lomger follow my guidance and are unfit to be called a muslim.
Unless ofcourse the law of the country says you must eat pork.. :P u must drink alcholol u must engage in sinful acts etc. In that case Simply dont go to that land as a muslim or if u are there just pack ur bag and leave.

Simple matter.

In thia case uk or europe asks me as a muslim or all of the people currently present in uk to get a legal mariage certificate before islamic marriage then i must follow that law. Im in uk **** me if i dont follow it i would be a crazy rebel. No one would like not the uk citizens not the Creator Himself nor my fellow Muslims.

Law of a countrt is sacred as decreed by Islamic law given by the creator of the Universe.

U can disgree dude that doesnt change the facts.
Also if jews follow that law then there is no reason muslims cant follow it. Jewish and Muslim faith are 99.9% one and the same.

None the less we dont follow jews and what they do we look at Quran and follow what is in it. In Quran creator says follow the law of the country and the leader unless one is commanded to do a sin.

There is no sin in registering ur marriage under authority. This actually is a good practice and we can avoid soany problems which primitive people find loop holes in and do mutah type domestic unions. Im mot against that but those can be troublesome.

Legal marriage should be a standard world wide after all we live in 2019 people.
 
Well muslim law states we have to follow the constitution and legal law of a country as muslims otherwise we cant call ourselves muslim anymore
I not think it is right if tomorrow some country made it compulsory to eat pig and drink and do other things prohibited in Islam Muslims are not allowed to follow this and do Hijrat to other place otherwise Holy Prophet(P.B.U.H)would have not done Hijrat to Madinah as he not bowed down to law in force at Makkah under nonbelievers and instead followed Shariah law and preached Islam against will of rulers of Makkah at that time. Hazrat Mosah(A.S)also not accepted the false laws made by firon who is governing state at that time
 
I not think it is right if tomorrow some country made it compulsory to eat pig and drink and do other things prohibited in Islam Muslims are not allowed to follow this and do Hijrat to other place otherwise Holy Prophet(P.B.U.H)would have not done Hijrat to Madinah as he not bowed down to law in force at Makkah under nonbelievers and instead followed Shariah law and preached Islam against will of rulers of Makkah at that time. Hazrat Mosah(A.S)also not accepted the false laws made by firon who is governing state at that time

Don't argue just read whats written in Quran. And Moses Peace Be upon him did migrate along with his people. Read the Quran for that too.

Also it wont hurt to tele and compare Quran with the old testament. Im a student of Quran and Torah . i have a degree in comparitive religon as well.

Just read the Quran. U will find answers .
Also leave Arabic Portion of Quran for Arabs to read if u are english medium student read it in english if u are urdu medium student read it in urdu. Although i do find some errors in some urdu translations but those errors are minor. Sahih international English is the one i have found the least errors in translation so far.
 
The way UK law works is by consent. If you don't consent the law doesn't apply.



Please provide reference

Well if that law works by consent its even easier. Im sure citizens of uk will sit have a vote and decide for themselves :) i think thats the most modern amd fit way to decide on anything.

As for reference Read Verse of obedience :
Quran chapter 4 Verse 59.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّ‌سُولَ وَأُولِي الْأَمْرِ‌ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُ‌دُّوهُ إِلَى اللَّـهِ وَالرَّ‌سُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّـهِ وَالْيَوْمِ الْآخِرِ‌ ۚ ذَٰلِكَ خَيْرٌ‌ وَأَحْسَنُ تَأْوِيلً

Translation english:
O you who have believed , obey The God (Al-lah) and obey the Messenger (Mogammad) and those Who have Authority among you (Ruler of Law)
And if you disagree over anything, refer it to The God (Al-lah)and the Messenger (Mogammad) , if you should believe in The God (Allah
and the Last Day. That is the best [way] and best in result.

Im too lazy to type urdu translation as it takes alot of time to type from my keyboard layout. Refer to this online Quran for urdu or other translations.

https://quran.com/4/59


This is one example from Quran there are others from Quran and hadith (sayings of the Prophet Mohammad peace be upon him)

I hope this helps u understand what im trying to say. Also make a habbit of reading and comprehending Quran. Allah the Creator of universe has taught me so much from it.
 
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Some questions:

1. What right does state have to interfere with private matters such as marriage and relationships?
2. Why does state constantly feel the need to control every aspect of human life?
3. Why does state feel the need for all to, without question, obey their ways?
4. Does intervention in relationship laws signal a move by state to place itself above a persons God?

5. State does not recognise any form of divine, as the state claims to be secular, why interfere in matters of divine? (as the state has no interest in divinity or divine matters)
But how do you enforce these laws that is the question

I not think it is right if tomorrow some country made it compulsory to eat pig and drink and do other things prohibited in Islam Muslims are not allowed to follow this and do Hijrat to other place otherwise Holy Prophet(P.B.U.H)would have not done Hijrat to Madinah as he not bowed down to law in force at Makkah under nonbelievers and instead followed Shariah law and preached Islam against will of rulers of Makkah at that time. Hazrat Mosah(A.S)also not accepted the false laws made by firon who is governing state at that time
All marriages are registered in Pakistan too i dont thinthink it is a problem but how would they enforce them?
They could just refuse to be registered under the marriage laws and be considered cohabitant partners by law
 

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