Policy Press

Publishing with Purpose

Cohabitation and Religious Marriage

Status, Similarities and Solutions

Edited by Rajnaara Akhtar, Patrick Nash and Rebecca Probert

Published

17 Jul 2020

Page count

144 pages

ISBN

978-1529210835

Dimensions

203 x 127 mm

Imprint

Bristol University Press

Published

17 Jul 2020

Page count

144 pages

ISBN

978-1529210859

Dimensions

Imprint

Bristol University Press

Published

17 Jul 2020

Page count

144 pages

ISBN

978-1529210859

Dimensions

Imprint

Bristol University Press
Cohabitation and Religious Marriage

Cohabiting couples and those entering religious-only marriages all too often end up with inadequate legal protection when the relationship ends. Yet, despite this shared experience, the linkages and overlaps between these two groups have largely been ignored in the legal literature.

Based on wide-ranging empirical studies, this timely book brings together scholars working in both areas to explore the complexities of the law, the different ways in which individuals experience and navigate the existing legal framework and the potential solutions for reform.

Illuminating pressing implications for social policy, this is an invaluable resource for policy makers, practitioners, researchers and students of family law.

"This is an essential collection, importantly covering both cohabitation and religious-only marriage, that offers reflections by leading scholars on how the law can take a pluralistic approach to relationship recognition." Gillian Douglas, King's College London

"This book provides a much needed exploration of the pressing problem of unregistered religious marriages. The current legal gap perpetuates inequality and disadvantage on grounds of gender." Russell Sandberg, Cardiff University

“A timely and important contribution to our understanding of what is probably the most intractable current problem in marriage law in England and Wales.” Frank Cranmer, Cardiff University

Rajnaara C. Akhtar is Senior Lecturer of Law at De Montfort University.

Patrick Nash is Research Fellow at the Woolf Institute at the University of Cambridge.

Rebecca Probert is Professor of Law at the University of Exeter.

Introduction ~ Rajnaara C. Akhtar, Patrick Nash and Rebecca Probert

Determining the Boundaries Between Valid, Void and ‘Non-Qualifying’ Marriages: Past, Present and Future? ~ Rebecca Probert

‘Cohabitants’ in the Law of England & Wales: A Brief Introduction ~ Joanna Miles

Modern Marriage Myths: The Dichotomy Between Expectations of Legal Rationality and Lived Law ~ Anne Barlow

The Case for Moving Away From ‘Non-Qualifying Marriage’ Declarations ~ Vishal Vora

Religious-Only Marriages and Cohabitation: Deciphering Differences ~Rajnaara C. Akhtar

From Regulating Marriage Ceremonies to Recognising Marriage Ceremonies ~ Rehana Parveen

At the Margins: Nikah Ceremonies in the UK – A Tool for Empowerment? ~ Zainab Naqvi

In Pursuit of an Islamic Divorce: A Socio-Legal Examination of Practices Among British Muslims, Informal and Legal Solutions ~ Islam Uddin

Arbitration as a Legal Solution for Relationship Breakdown in the Muslim Community: The Case of the Muslim Arbitration Tribunal ~ Amin Al-Astewani

‘Regrettably It Is Not That Simple’: The Case for Minimalistic Marriage Laws ~ Patrick Nash

Conclusion