AllAboutLaw Blog: Islamic marriages, EU data protection and Trump’s tweets

In this week’s edition of the AllAboutLaw Blog, we address the recent Court of Appeals’ decision to only offer English marriage law protection to registered UK marriages, the EU’s privacy concerns in relation to Facebook and a call to question the legality of Trump’s tweeting.

UK Appeals Court decision to delegitimise Islamic marriages under English law

Last week, the court of appeal ruled that Islamic faith marriages are not valid under English law. For a marriage to be considered legal in the UK, it is necessary for the wedding to be registered with the issue of certificates and the presence of a registrar.

The case concerned Mrs Akhter and Mr Khan, in which Mr Khan attempted to block his wife’s divorce petition on the grounds that they had not been legally married in the first place. The couple had an Islamic wedding ceremony (nikah), but no civil ceremony occurred.

The Court of Appeals' decision overrules the High Court’s judgment that a couple’s nikah could be classified as part of English marriage law. Mr Justice Williams, of the High Court, stated that since their vows mirrored the expectations of a British marriage contract and fell within the scope of the 1973 Matrimonial Causes Act, the nikah should be considered valid under English marriage law, thus legally confirming their marriage.

The Court of Appeals’ judgment to overturn this previously held understanding of marriage under an Islamic wedding ceremony could have devastating impacts on the rights of individuals seeking to divorce their partners. Thousands of people could find their vows void of legal protection as offered under English marriage law. Muslim women living in the UK will have to rely on Sharia councils to pursue an Islamic divorce, however, this generally does not afford women the same financial protection as under English marriage law.

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Firm news

King & Wood Mallesons has hired the New York team of Mishcon de Reya after its decision to close its Manhattan office.

Mirroring evidence of a booming real estate sector in the UK, Addleshaw Goodard and Ashurst have increased their real estate practices.

Simmons and Simmons has hired a former Serious Fraud Office co-head, Camilla de Silva.

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The EU’s push for greater data protection means another setback for Zuckerberg

In time for Valentine’s day, Facebook sought to launch its new dating app in Europe. However, the social media giant failed to comply with the EU’s data protection requirements, including issuing an advanced warning to the EU data regulator of its plans and a failure to demonstrate an assessment of privacy risks. However, it is not all doom and gloom for Facebook in Europe. An adviser to Europe’s top court has ruled that Facebook’s use of standard contractual clauses to move EU citizen’s data to the United States was legal since the clauses offered sufficient privacy protection.

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Is the end nigh for Trump’s tweets? 

Despite pleas from his attorney general William Barr to refrain from tweeting about ongoing legal cases, President Donald Trump is adamant that he has a “legal right” to do so. The situation escalated in relation to the case of  Roger Stone who was convicted of tampering with a witness and obstructing the congressional investigation into Russia interference during the 2016 Trump campaign. Barr stated: “I’m not going to be bullied or influenced by anybody… I cannot do my job here at the department with a constant background commentary that undercuts me”. However, over 1,100 former justice department officials have called for Barr’s resignation for his handling of the Stone case.

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Recommended reading

The debate about allowing transgender athletes to compete in women’s sports is at the forefront of a new lawsuit.

A Spanish Supreme Court ruling has set the bar for early retirement in a gender equality ruling.

The CIA is reportedly behind “the intelligence coup of the century” due to its purchase of an encryption company used to spy on its clients.

The work/life balance is increasingly under strain with professional expectations and the accessibility of email. Is the legal right to disconnect the way forward?

In response to Trump’s airstrikes in Iran last month, the Senate approved legislation to limit his war powers—however, the tally is not sufficient to override a presidential veto.

The Cesar Academy is in the midst of a crisis as the entire board resigned in protest at Roman Polanski’s nomination.

Ofcom, the UK broadcasting regulator, has been given greater powers to regulate social media content.

Despite the promising new Environment Bill, there are still questions and targets to be clarified.

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