The Court of Appeal has ruled that a marriage between Muslims that was permissible under Sharia law cannot be recognised in the UK.
The man in question, a 26 year old Briton known only as “IC”, had severe learning difficulties and the mental age of a three year old. He was married over the telephone to a Bangladeshi woman chosen by his parents in September 2006.
The marriage was considered permissible under Sharia law because IC’s father had consented to it. The couple were unlikely ever to meet, and the bride and groom’s respective families hoped that the marriage would allow the Bangladeshi woman to obtain a visa to Britain.
However the three senior judges said it was "simply inconceivable" that IC had the mental capacity to be married, labelling the arrangement as "exploitative and...abusive". Lord Justice Wall said the court could no longer avoid the “clash” between English and Islamic notions of welfare.
The court also said that were the marriage to be consummated, the wife would be guilty of rape under laws that criminalise sex with the mentally disabled. A full High Court hearing will take place in August to determine the future of IC.