Doing things according to Sharia
We are one of the leading firm of solicitors for Sharia and Islamic law related work.
Our solicitors have considerable amount of experience in dealing with both the laws of England and Wales and Sharia. We work with other organisations Muslim as well as non-Muslim to provide assistance in the following areas.
We find many Muslims get married only in Sharia and stop short of registry office weddings (in English law). This introduces a situation where Sharia is the only law that can be applied yet it is voluntary (parties can disregard rulings) as only the state courts are able to enforce their decisions. This results in there being very limited legal workable solution within the marriage context.
Many Muslims also fail to write a Will, yet the hadith tells us that:
"It is a duty of a Muslim who has anything to bequeath not to let two nights pass without including it in his Will."
(Sahih Al-Bukhari)
A Will must be legally valid so that the courts can enforce its stipulations upon death if
enforcement is required. Given that Shari 'ah is not recognised under English Law, how does a British Muslim ensure distribution upon death takes place according to Shari'ah principles?
Those who pass away without leaving a legally valid Will are affected by the 'laws of intestacy' which in most cases requires the assets to be handed over to the surviving spouse or partner.
If the surviving spouse and their children mutually agree to distribute the assets according to Shari'ah principles, this will be considered as being a voluntary act. However, if they choose to ignore sharia law share distributions , then the voluntary arrangement cannot be legally enforced as the English courts will only consider entitlement under intestacy rules and not Shari'ah law. It is therefore imperative that a legally valid Will is prepared prior to death.
We deal with cases involving:
- Divorce / Talaq
- Separation / Khula
- Forced marriages and nullity
- Contracts
- Prenuptial agreements
- Wills
- Children - Parental Responsibility, Contact, Residence.
- Adoption/guardianship
Our team has a proven track record of success and best able to work with both systems.