Kubra & Gohar – Nikah in Makkah

After weeks of speculation, renowned Pakistani actors Kubra Khan and Gohar Rasheed have finally married in Makkah by way of a Nikah, ie Islamic marriage, ceremony before the commencement of Ramadan (holy month of fasting for Muslims).

The duo, who are also best friends, broke silence on their relationship status, sharing the exciting news in a light-hearted Instagram video, which has taken the social media by storm, with the hashtag Mere Yaar Ki Shaadi (my friend’s wedding).

At the holy place of Makkah, the couple got married in the presence of their loved ones. Kubra was seen wearing a white dress (Abaya) with her head covered (Hijab), while Gohar wore two white cloths that did not have hems or seams (Ihram). Sharing a picture of the ceremony, jointly, they placed the caption:

“12.02.25. Under the Kursi Of Allah…70 thousand Angels as Witness and Rehmat pouring down on us as rain…Qubool hai.”

The couple followed the Nikah with another intimate wedding ceremony in Pakistan, i.e. the civil marriage, which was a more lavish affair, well attended by Lollywood celebrities.

Many Muslim couples have both an Islamic marriage and a civil marriage, though some couples enter an Islamic marriage without entering a civil marriage. If the parties only have a religious marriage, unless that ceremony meets certain requirements, they are treated as cohabitees in the jurisdiction of England & Wales.

Where a couple has entered a civil marriage or has an international marriage which is recognised in the jurisdiction of England & Wales, and they wish to end it, the English and Welsh Courts can pronounce a Final Order to end the marriage, and deal with the associated matrimonial finances (as there is a valid marriage). If a civil or international marriage has not been entered into, this is unable to happen.

Nikah

In Islam, marriage is the lawful union of a man and woman based on mutual consent. The Sharia (Islamic law) prescribes rules to regulate the functioning of marriage and the family.

An Islamic marriage contract is a formal, binding contract that outlines the rights and responsibilities of the bride and groom. One of the essential elements of the Nikah contract is that the husband agrees to pay the wife Mahr i.e. consideration to secure the contract and to highlight his commitment to the union. Mahr can be paid promptly at the time of the Nikah or deferred to a later date (or a combination of both).

Like a Pre-Nuptial Agreement, a Nikah contract can contain special provisions that have been agreed between the bride and groom, for example it being agreed that the wife is able to continue with her education/career after her marriage. Financial responsibilities can also be specifically outlined when drafting the Nikah contract and requires specialist assistance from a Shariah Family Lawyer and the Shariah Council.

If the couple is looking to have both an Islamic and civil marriage, then the Nikah contract and Pre-Nuptial Agreement terms can be drafted to align with each other. In the unfortunate event of a marriage breakdown, the documents will carry more weight and will be more likely to be upheld if they have been executed in this manner.

Islamic Sharia Council

The Islamic Sharia Council (ISC), based in London, offers Nikah services and have strict conditions for weddings at the ISC, as follows:

  1. The parties must be eligible to be married in the UK.
  2. The parties must have a UK civil marriage certificate.
  3. The parties must be over 18; parental consent for all brides as per Islamic law is required too.
  4. There must have two witnesses.
  5. If the parties have been previously divorced, we require a valid divorce certificate.

The Islamic Sharia Council also offers mediation and counselling services which can assist with the pre-marriage negotiations.

Overlap in law

Whether a Muslim couple have a civil marriage, Islamic marriage or both, they require specialist advice from an expert who understands the nuances of culture and religion.

For example, where the husband and wife are negotiating the terms of the Nikah contract and the Pre-Nuptial Agreement, they will need to carefully consider both Sharia principles and the law of the land. This can be a complex process.

Navigating Sharia Law in this jurisdiction is a complex area. Our Partner and Head of our Faith and Cultural services, Aysha Chouhdary, has extensive specialist experience in such matters and works alongside the ISC and professionals in other jurisdictions. Aysha is multilingual and can speak Urdu, Hindi, Punjabi, Mirpuri/Pothwari and Arabic. If you would like to discuss your matter further, please contact Aysha at aysha.chouhdary@geldards.com.

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