UK Court Decides Against Recognizing Islamic Divorce Granted in Pakistan

A United Kingdom (UK) High Court has ruled that a divorce granted in Pakistan under Islamic laws could not be recognized in England and Wales.

Justice Arbuthnot passed the ruling while overseeing a family court dispute of a couple whose marriage had broken down. The couple had brought the matter to the court for a determination whether the divorce, given in Pakistan, will be upheld under the UK laws.

The petitioner, Assim Hussain, argued that his marriage with Nazia Parveen, his wife, which took place nearly 14 years ago, should be declared annulled because she was in wedlock with her first husband when they got married.

Assim contended that his wife’s divorce with her first husband, given under Islamic law, could not be recognized under English law.

The defendant’s lawyer disagreed and maintained that the divorce should be recognized in the country and declared as final and legitimate.

Justice Arbuthnot ruled in favor of Mr. Assim, stressing that her decision was specifically about recognition of the “first” divorce in the legal jurisdiction of England and Wales and did not affect the position of the divorce, and “second” marriage, in Pakistan.



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