To be legally valid, a religious marriage (other than marriage according to the rites and ceremonies of the Church of England and the Church in Wales, and Jewish and Quaker marriage) must generally take place in a registered building.

Those who wish to celebrate their marriage in a place of worship, or elsewhere, that has not been registered for marriage must go through an additional civil ceremony to be legally married.

Many Muslims in the UK have an Islamic religious marriage ceremony – a Nikah – in an unregistered building and do not have an additional civil ceremony. This means that their marriage will not be recognised as being legally valid. This finding was reached following the 2018 Independent Review into the application of Sharia Law in England and Wales.

A number of recommendations were made by the Independent Review at that time, but they are only recommendations at this stage and are being inconsistently followed in practice. A survey in 2017 found nearly all married Muslim women in the UK had received a Nikkah and almost two-thirds had not had a separate civil ceremony.

A Nikkah, in Islam, is a contract between a Husband and Wife and forms part of one of the stages in an Islamic marriage. The Nikkah will involve the Husband and Wife signing a contract, which will be witnessed by the Wife’s Father or another male family member and a male from the Husband’s family. By signing the contract, the Wife will indicate her permission to the marriage. To complete the ceremony both the Husband and the Wife will verbally confirm they accept one another in marriage.

UK Courts do not recognise the validity of a Nikkah. It is seen to be a religious ceremony and so not seen as carrying the same weight as a civil ceremony.

Under English law, couples who do not have a registered marriage are a “co-habiting couple.” The law considers marriage in this respect a ‘non-marriage.’ It is not recognised as legally valid. This means you will not have the same rights as a couple in a civil marriage.

If your spouse dies, you will have less rights e.g. access to pensions and benefits, IHT exemptions nor will you be their next of kin under the intestacy rules. This is the crucial reason why it’s paramount to have a Will.

Under Islamic law, the distribution of an estate in the absence of a Will is governed by a set of rules known as the rules of inheritance. These rules specify how the deceased person's property should be divided among their heirs. Under Islamic law, the deceased person's estate is first used to pay off any debts they may have incurred. After the debts have been paid, the remaining property is distributed among the heirs according to a specific set of rules.

​Therefore, it is essential that a Will is created to ensure that the person's assets are distributed according to their wishes. This is especially important for Muslims in polygamous marriages who want to ensure that all their wives are provided for. Creating a Will can help to ensure that the distribution of the person's estate is carried out in accordance with Islamic teachings and laws.

Under Islamic law, the distribution of an estate in the absence of a Will is governed by a set of rules known as the rules of inheritance. These rules specify how the deceased person's property should be divided among their heirs. Under Islamic law, the deceased person's estate is first used to pay off any debts they may have incurred. After the debts have been paid, the remaining property is distributed among the heirs according to a specific set of rules.

​Therefore, it is essential that a Will is created to ensure that the person's assets are distributed according to their wishes. This is especially important for Muslims in polygamous marriages who want to ensure that all their wives are provided for. Creating a Will can help to ensure that the distribution of the person's estate is carried out in accordance with Islamic teachings and laws.

​We have included a graph below to demonstrate how the estate would be distributed if there is no Will in place.​