Differences between traditional
Muslim marriage practice and the statutory formalities required for entry into
a legally recognised marriage in England and Wales have resulted in serious
question-marks hanging over the legal status of a seemingly significant
proportion of Muslim marriages. This article places the spotlight on the
vulnerability of spouses who remain unaware of the lack of legal status which
may attach to their marriage or who may have been misled by their spouse as to
the latter’s intention to obtain legal recognition for the marriage. The
article first considers the statutory formalities required under English law
for entry into a legally recognised marriage before drawing on the most
up-to-date empirical research to highlight the apparently widespread
non-compliance with the formalities within the Muslim community. The article
then reflects on the various practical implications which may arise for parties
to an unrecognised Muslim marriage before considering how the situation may be
ameliorated.