Muslim minorities in the West

1Principle: obeying the law of the country where you live

Muslims living in non-Muslim countries — as citizens, residents or students — have accepted the conditions of living there through a visa, an oath of citizenship or an implicit agreement. Allah says: "O you who believe, fulfil your contracts" (Surah al-Ma'idah 5:1), and "fulfil the covenant; indeed, the covenant will be asked about" (Surah al-Isra' 17:34).

Polygyny is permissible, not obligatory. Where local law forbids it, leaving something permissible does not harm a person's religion, while breaking the law can bring great harm — prison, deportation, and a wife and children without protection. Minority fatwa councils such as the European Council for Fatwa and Research, and scholars in the West generally, advise Muslims not to practise polygyny in countries that forbid it (check with the authorities of the country concerned).

2Bigamy is a crime

In all the following countries, a person who is still in a valid marriage and then "marries" again commits a criminal offence:

3Religious marriage without civil registration

Many couples in the West only hold a nikah at a mosque or at home without civil registration — sometimes for a second wife, sometimes out of ignorance. From the Shariah point of view the contract may be valid if its pillars are complete (wali, two witnesses, offer and acceptance, mahr), but in the eyes of the country's law it is not a marriage.

In England, the Court of Appeal in Her Majesty's Attorney General v Akhter and Khan [2020] EWCA Civ 122 held that a nikah that does not comply with the Marriage Act 1949 is a "non-qualifying ceremony" — neither a valid marriage nor a void one; the court cannot grant the wife financial relief on divorce.

4Registering a civil marriage

The solution is simple: do both — the Shariah nikah and civil registration.

• UK — give notice at the local register office, then marry at the register office or at a mosque registered with an "authorised person". The nikah can take place on the same day.
• US — obtain a marriage licence from the county office; in most states an imam may be the officiant who conducts the marriage and returns the licence after the ceremony.
• Canada — a provincial marriage licence; an imam may be registered as an authorised religious official.
• Australia — notice of intended marriage at least one month beforehand; an imam registered as a minister of religion or celebrant may conduct and register the marriage.

Civil registration is for one wife only. So anyone who wishes to practise polygyny in the West has no lawful route — and may not use an unregistered nikah as a shortcut.

5Civil divorce vs talaq

If a civil marriage is registered, talaq alone does not dissolve it in law. In England, the Family Law Act 1986 s.44 provides that a divorce obtained in the British Isles is effective only if granted by a court — an oral talaq in the UK is not recognised. The couple must apply for a civil divorce (in England now no-fault, under the Divorce, Dissolution and Separation Act 2020).

On the other hand, some scholars may not consider a civil divorce alone sufficient to dissolve a Shariah marriage, especially if the husband has not pronounced talaq. The result is women who are "trapped" — free in law but still wives in religion.

6Shariah councils: role and limits

Bodies such as the Islamic Sharia Council (London, founded 1982) and other Shariah councils in the UK, US and Canada help mainly women whose husbands refuse to pronounce talaq. They can:

• issue certificates of khulʿ or fasakh (dissolution by a religious judge);
• act as mediators for reconciliation (sulh) in accordance with Surah an-Nisa' 4:35;
• give views on mahr and ʿiddah.

Its limits: a Shariah council is not a court. Its decisions are not binding in civil law, and it cannot divide property, decide custody of children or enforce payment. Nor can it replace a civil divorce. The Independent Review of 2018 (chaired by Prof. Mona Siddiqui) recommended that Islamic marriages be registered civilly at the same time as the nikah, and voiced concern about some councils' practices towards women.

7If you are already in a polygynous marriage

Some families migrate to the West with polygynous marriages that are valid in their home country. The general position:

• The UK and Australia may recognise a polygamous marriage that was valid where it was contracted for certain purposes (for example maintenance or inheritance), but usually only one wife is eligible for a spouse visa.
• In England, the Matrimonial Causes Act 1973 s.11(d) makes void a polygamous marriage contracted abroad by a person domiciled in England and Wales.
• For Universal Credit, in a polygamous marriage only the parties to the first marriage are treated as husband and wife where the first wife lives in the same household; the other wife claims as a single person (Universal Credit Regulations 2013, regulation 3(4)–(5)). The position for other benefits and for tax (consult the local authorities).

See Marriage abroad: recognition, immigration & visas.

8Practical advice

1. Before the nikah: check the marital status of the prospective spouse openly; ask for proof of divorce if they have been married before.
2. Civil registration on the same day as, or before, the nikah.
3. Wali and imam: a responsible imam should refuse to conduct a nikah without proof of civil registration or a plan to register.
4. Conditions in the contract: the wife may ask for written conditions (for example a right to housing or no polygyny); the Hanbali school regards them as binding — the Prophet ﷺ said the conditions most deserving of fulfilment are those that make the marriage lawful (Sahih al-Bukhari 2721; Sahih Muslim, Kitab an-Nikah).
5. Will: write a civil will that arranges the faraid distribution; without one, the local intestacy law applies.
6. If the marriage breaks down: deal with the civil divorce in court and the talaq/khulʿ/fasakh in religious terms — both.
7. Victims of deception or violence: contact the police and local Muslim women's support organisations; there is no religious reason to stay silent.

Sources & references