Nikah and the law in England and Wales

A Nikah on its own is not a legal marriage in England and Wales. What makes a marriage legal, the two ways families do it, and what to book and when.

Is a Nikah a legal marriage?

Not on its own. In England and Wales a marriage is legal when it follows the Marriage Act 1949. Notice is given at the register office first. The ceremony then takes place at a register office, an approved venue or a registered religious building, with a registrar or an authorised person there to sign the marriage schedule or document.

In 2020 the Court of Appeal held that a Nikah held without these steps is a "non-qualifying ceremony": it creates no marriage in English law, not even a void one (Attorney General v Akhter and Khan [2020] EWCA Civ 122).

Why it matters

Without a legal marriage, neither of you has a spouse’s rights in English law. Among them is the right to inherit if the other dies without a will. The Court of Appeal noted that a non-qualifying ceremony gives no right to ask the court for a financial settlement when it ends.

"Common law marriage" does not exist in England and Wales, however long a couple live together or whether they have children.

The two ways families do it

A civil marriage as well as the Nikah. Most couples give notice, marry at the register office or an approved venue, and hold the Nikah at the masjid, at home or at the hall, before or after. A ceremony at the register office costs £62. A civil ceremony must not include anything religious.

The Nikah as the legal marriage. If the masjid is a registered religious building with its own authorised person, often the imam, the Nikah there can itself be the legal marriage, once the marriage schedule or document is signed. Where there is no authorised person, a registrar can attend, for £114.50. Ask the masjid whether it is registered for marriages before you book.

What to book, and when

You must both be 18 or over.
Give notice at your local register office at least 29 days before the legal ceremony. You must have lived in that registration district for the past 7 days; if you live in different districts, you each give notice in your own.
Hold the ceremony within 12 months of giving notice.
Book the registrar or the authorised person, and two witnesses.
If either of you is from outside the UK or Ireland, check the visa and notice rules on GOV.UK first.

In Scotland

Scotland’s law is different. A religious or belief marriage can take place anywhere, solemnised by an approved celebrant, after both of you give notice to the registrar (no later than 29 days before; 10 to 12 weeks is advised) and collect the marriage schedule. The couple, the celebrant and two witnesses sign it, and it goes back to the registrar within 3 days. Ask your imam whether they are an approved celebrant.

On the invitation

Many families hold the civil marriage quietly and invite everyone to the Nikah, so the invitation names only the Nikah. When the civil ceremony is part of the day, it can sit on the invitation as its own event, for the families invited to it.

This is general information, not legal advice. For your own situation, ask your register office or a family solicitor.

Sources

Read on 23 October 2026.