Sir, Recent letters (Oct 28) asking for Parliament to legislate “rights” for cohabiting couples presuppose that such couples are living in monogamous relationships that are comparable with conventional legal marriage. Such an assumption may well be incorrect, in particular where Muslim relationships are concerned.

Recent attempts to draft a standard Muslim marriage contract have already foundered over different views as to the relationship of Islamic marriage to conventional law. Unlike Sikh and Hindu temples, the majority of mosques have not registered under the Marriages Act 1949 but continue to perform “marriage” ceremonies that have no legal validity.

Such “nikah” ceremonies do not prevent subsequent polygamous “marriages” being contracted, and invariably the wife is unaware that the “marriage” has no legal validity in England. However, both parties will at least accept adjudication by Sharia tribunals and the nikah contract functions as a cohabitation agreement.

If, however, cohabitation becomes subject to statutory control then such legislation may have to face up to the thorny question of whether the law should extend legal recognition to polygamous relationships (both religious or non-religious), should the law recognise cohabitation agreements and the extent to which a Sharia-based nikah contract can be adjudicated upon by an English court.

Neil Addison

Barrister, Author of Religious Discrimination and Hatred Law

New Bailey Chambers

Liverpool

Explore Letters

• Feedback