ABSTRACT
In this chapter we examine the legal recognition of nikĀḥ , the religiously valid Muslim marriage, in the contexts of England and Finland. These two contexts offer interesting insights, as their family law systems have some significant differences regarding what happens if the legal rules of the jurisdiction are not followed when a marriage is solemnized. England and Finland are different socio-culturally as well as in terms of legal framework and institutions. Moreover, the characteristics of the Muslim communities in the two countries are different. In England, the changing marriage practices among Muslims combined with the new case law have led to a situation where unregistered Muslim marriages risk being deemed ‘non-marriages’, with the parties thus having no remedies which arise in the event of divorce. In Finland, a similar issue of non-marriage has not emerged, but there are other occasions in which Muslim marriages become legally problematic. Looking at the differences between these two local contexts we study the issue of legal recognition of the nikĀḥ , particularly from the perspective of wellbeing, and conclude that considering wellbeing as multidimensional requires that religious and cultural diversity is taken seriously in state law and legal practice.
