Islamic Marriage & Divorce - Navigating Recognition, Remedies & Cross-Border Challenges

Introduction

Islamic marriage and divorce raise complex issues for practitioners, particularly when parties move between jurisdictions or seek recognition of their marital status in civil courts. From the enforceability of Mahr provisions to the recognition of Talaq or Khula divorces, practitioners face increasing challenges in balancing religious principles with statutory family law regimes.

Recent cases across the UK, UAE and Europe highlight the pressing need for clarity in this area, especially as international mobility, cross-cultural marriages and litigation involving Sharia-compliant contracts continue to rise.

This virtual classroom seminar will equip practitioners with the knowledge and strategies to navigate these complexities. You will gain practical insights into advising clients, avoiding pitfalls, and ensuring that proceedings and agreements stand up to legal scrutiny across borders. The consequences of misinterpreting recognition rules or overlooking enforceability issues can be significant, leading to adverse cost orders, unenforceable agreements, or children being left in legal uncertainty.

Delegates will leave with practical tools, a clear understanding of emerging case law, and guidance on common problem areas.

What You Will Learn

This live and interactive course will cover the following:

• Understand how Islamic marriages are recognised (or not) in UK, Irish, and European family courts
• Gain clarity on procedures for divorce under Islamic and civil frameworks (Talaq, Khula, judicial divorce)
• Analyse recent case law on the enforceability of Mahr and other contractual provisions
• Explore how custody, guardianship, and welfare principles are applied differently under Sharia and civil regimes
• Identify pitfalls in advising clients on cross-border Islamic marriages and divorces
• Learn strategies for protecting children’s best interests in relocation and custody disputes
• Consider the interaction between Islamic marriage and protective remedies under the Family Law Act
• Receive practical guidance and answers to common problem areas in advising Muslim and cross-cultural families

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.