Registration of Marriages Regulations 2021

Lord Hussain Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Lord Hussain (LD)]

My Lords, I draw the attention of your Lordships to the issue of marriage registration in some sections of the Muslim community in the United Kingdom.

As many of your Lordships are aware, the marriage ceremony in a Muslim wedding is known as the nikah. It can be performed by any Muslim. However, in the UK, an imam from a local mosque is usually asked to perform this duty, and normally he would issue a marriage certificate at the end of the ceremony, but these marriages are not officially recognised until they are registered with the local registrar.

Many families have two separate wedding ceremonies, one in a mosque, at a private residence or in a wedding hall, and a separate one at the registrar’s office. In some places, the local mosques have arranged with the registrar to join them at a recognised wedding venue and register the marriage on the same day. There is no issue with either of those practices. The issue that I have come across is with those wedding ceremonies or nikahs held at a mosque, a wedding hall or at a private residence, where an imam would lead a ceremony and issue a certificate but the registrar is not aware of those weddings and they are not registered with them—hence, those weddings have no legal status.

Since there is no compulsion on registration of a marriage with an official registrar in the religion of Islam, many people do not bother with registration, and thousands of Muslim marriages in the UK are not registered. I am personally aware of many such marriages. Most of these couples are living a happily married life, but problems strike in cases of post-marriage disputes—over divorces, inheritance, pension rights and so forth. Usually, but not exclusively, it is the female left in a disadvantaged position in such cases. To protect the rights of those engaged in these unrecognised marriages, can the Minister tell the House what steps the Government are taking to work with Muslim faith leaders and local registrars to ensure that all marriages taking place in the UK are formally recognised?

Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2020

Lord Hussain Excerpts

Thursday 16th July 2020 Lords Chamber

[Lord Hussain (LD) [V]]

My Lords, the United Kingdom has suffered immensely and continues to be under threat from terrorism, and we have a responsibility to legislate and amend existing legislation whenever demanded to protect our people from the menace of terrorism.

The FKD is a dangerous, far-right organisation which is to be added to the list of banned terrorist groups, and I very much welcome this move. It seems that it has been extremely active online and has encouraged violent action against sections of the community, including Jewish and LGBTQ people, and welcomed the Christchurch killings. The rise of far-right terrorist organisations is a threat to peaceful people around the world, and there is evidence that they groom and poison the minds of young people to their violent and hateful cause. We must be constantly vigilant towards organised groups such as this which advocate hate and violence. The rise of the far right has become a big threat to our democracy, although the perception is that it is always the Islamist groups.

I support this amendment but add how proud we are of our freedom of expression and democratic values that we enjoy under British law. This freedom has also allowed many people from different parts of the world to escape oppression and persecution in their own countries and take refuge in the United Kingdom. From here, many of them continue to fight their battle for rights in their country of origin. I am sure that many of your Lordships have come across some such cases during your political life—I certainly have. Through their campaigns they highlight the plight of people like them in their own countries and expose their Governments. That is often seen as an insult and embarrassment for their native Governments, and as a result, from time to time we may find some of those individuals or organisations being outlawed by the Governments of their native countries. In some cases, those Governments may go even further by using diplomatic channels to ask the British Government to follow suit and ban those organisations and/or extradite individuals involved. I hope that the Minister will be able to assure the House that under no circumstances will the British Government entertain such a request from any country, no matter how strong the links Britain may have with it, unless the individual or organisation concerned has broken the law of this country.

Islam: Tenets

Lord Hussain Excerpts

Thursday 7th December 2017 Lords Chamber

[Lord Hussain (LD)]

My Lords, as we are aware, the noble Lord, Lord Pearson, has previously raised the question of Taqiyya and Al Hijra in the House at Questions, where I thought he had a good hearing. However, his subsequent attempt at securing this debate for the same question shows his deeper interest in the issue.

First, I wish to talk a little about the two main tenets that the noble Lord, Lord Pearson, is concerned about. I am a Muslim and I attend prayers at a local mosque as regularly as I can. To my knowledge, the term “Al Hijra” refers to the migration of the Prophet Mohammed—peace be upon him—from Mecca to Medina and it is the mark of the Islamic calendar.

For the benefit of noble Lords’ knowledge, today is the 18th of Rabi al Awal, the ninth month of the Islamic Hijra calendar year 1438. According to major English dictionaries, including the Collins English Dictionary, Al Hijra is an annual Muslim festival marking the beginning of the Muslim year. It commemorates Mohammed’s move from Mecca to Medina and involves the exchange of gifts. I have never met any Muslim who understands any other meaning of the term “Al Hijra” than the above mentioned internationally recognised meaning. In the light of this, it makes no sense for the noble Lord, Lord Pearson, or anyone else to ask Muslim leaders to re-examine the term.

There are two different opinions within the Muslim faith on the term “Taqiyya”. I understand from scholars of the Sunni school of thought, which has the largest following among British Muslims, that they do not believe this tenet exists and therefore would never practise it. However, those sects who do believe in Taqiyya consider it to be an extreme measure for extreme circumstances. According to them, Taqiyya is about concealing your own religious beliefs when confronted with the threat of persecution and death, comparing it with the Jews who had to conceal their identity in Nazi Germany or Christians in present-day Syria. It is a defensive response to a threat of attack, which cannot be used for other purposes.

However, as many noble Lords are aware, in any debate relating to Muslims or Islam in this House, the argument of the noble Lord, Lord Pearson, always finds its way to somehow link the Islamic faith with violence and terrorism. Would the Minister not agree with me that the vast majority of the 2 billion Muslims living around the world, including the 4 million living in Britain, are peace-loving and law-abiding citizens?

The small minority of those who get involved in terrorism in the name of Islam are either misled or do not have basic knowledge of Islam; nor do they practise it. A report was recently released by the Oasis Foundation, which is a Christian group of schools. Having compiled evidence from the United Nations and MI5, among others, the report found that religion is not the main cause or motivation of these individuals. Indeed, high numbers of them do not practise the faith that they claim to fight for and have little or no understanding of Islam. Many were found to be engaged in activities that are strictly forbidden in Islam, such as the consumption of alcohol and drugs. I encourage noble Lords to take some time to read this report. I anticipate that it will make uncomfortable reading for those who seek to promote the falsehood that Islam is a religion that leads people into violence. To suggest that these individuals have any understanding of the type of terms put forward by the noble Lord, Lord Pearson, today is quite laughable.

Over the past few years, we have seen a huge rise in Islamophobia, or anti-Muslim racism, as it has been defined in the recently published Runnymede report. The report finds that anti-Muslim prejudice has grown further and wider and Muslims in the UK are increasingly disadvantaged in all areas of life. Would the Minister not agree that the way the noble Lord, Lord Pearson, uses his ill-informed narrative to demonise the great religion of Islam and blames this religion for all the ills of the world actually fuels anti-Muslim sentiments that lead to hate crime?

In conclusion, I suggest if the noble Lord, Lord Pearson, wants to understand the teachings of Islam properly, then I am happy to host a meeting to introduce him to people who are able to offer comprehensive teaching of Islamic doctrine. Finally, I ask the Minister to remind the noble Lord, Lord Pearson, of our nation’s commitment to protect and honour the rights of minorities and that freedom of religion is a core value central to our democracy.

Equality Act 2010 (Amendment) (Disabled Access) Bill [HL]

Lord Hussain Excerpts

2nd reading (Hansard): House of Lords
Friday 24th November 2017 Lords Chamber

[Lord Hussain (LD)]

My Lords, I support the Bill and I congratulate the noble Lord, Lord Blencathra, on his efforts on this subject. I should like to draw the attention of the House to one or two things, and ask that “public places” include places of worship. I have visited almost every kind of place of worship including churches, gurdwaras, mandirs and mosques. However, I want to refer in particular to mosques.

There are thousands of mosques, both big and small, in this country. Many are in converted buildings, ranging from ordinary houses and warehouses to listed buildings. Some, of course, are modern, newly built structures that may comply with most DDA requirements. However, while external access to a mosque may not be such an issue, noble Lords will know that ablutions are compulsory for any member of the congregation who attends a mosque for prayers. I have noticed that in most mosques, particularly those sited in older buildings, hardly any consideration has been given to mosque-goers using the washing facilities. There are few facilities such as wheelchair access and aids for visually impaired people. I suggest to the noble Lord, Lord Blencathra, that perhaps we could have a discussion before Committee to see how mosques could be included in the list of public buildings.

I understand that almost all mosques are run on voluntary contributions and we do not want to put too much of a burden on them, particularly if a mosque is situated in a building that would make it too difficult to comply. Even so, there is a dire need to include mosques in the terms of the Bill, so a meeting before Committee stage would be a good idea to table an amendment that would cover this area.

International Women’s Day

Lord Hussain Excerpts

Thursday 9th March 2017 Lords Chamber

[Lord Hussain (LD)]

My Lords, I too thank the noble Baroness, Lady Shields, for introducing this debate. International Women’s Day was first observed over a century ago. Progress has been made around the world in the quest for equality. Today, women have gained the right to vote, to run for public office and to enjoy constitutional guarantees of equality in many countries. In many countries, women are active participants in the economy, are acquiring high-level education and are playing a crucial role in the political, economic, social and cultural life of their families, communities and countries. However, there are still situations in the world where the struggle for human rights, equality and the rule of law continues at a heavy price.

At a glance, countries in south-east Asia—namely, Sri Lanka, Bangladesh, India and Pakistan—have progressed well, and women there have held the highest ranks in politics and government. All these countries have seen female Prime Ministers. However, that is a superficial phenomenon limited to the ruling class of these countries, whereas the situation on the ground is very different. I draw noble Lords’ attention to Indian-administered Kashmir, where rape has been constantly used by the Indian forces as a weapon of oppression. The high-profile cases of sexual violence in the Kashmir valley show a pattern of intimidation and threats being deployed by the Government, the police and the military so that the cases do not reach trial.

Many victims of the Kunan Poshpora gang rape by the security forces, which took place in February 1991, have died waiting for justice and the justice system has failed to conclude the process of justice during the last 26 years. The victims have been disowned by their families, for reasons of “honour” and “shame,” and no support system is available for them in society.

According to the popular newspaper The Hindu, on 19 February 2015,

“Last year at a seminar in Srinagar, women from Kunan-Poshpora, twin villages in Kupwara district of Kashmir, publicly recounted the night of February 23, 1991, when soldiers of the Indian Army invaded their lives, privacy and dignity. Masquerading as a ‘cordon and search operation to catch militants,’ the soldiers of 4th Rajputana Rifles, of the Army’s 68th Brigade, entered the villages and launched the most potent tool of repression used in theatres of political conflict — rape, sexual humiliation and sexual torture”.


It goes on to say:

“Sexualised violence in wars and conflicts is neither incidental, nor is it a question of sex. When 125 soldiers lay down a siege over a village, separate the men from the women and sexually assault more than 50 women, from ages 13 to 60, it is indicative of a systemic military practice. The intent was not only to terrorise and traumatise the people under assault—they are often accused of harbouring militants—but also sending out a message of retribution to the Kashmir resistance movement”.


The newspaper further adds:

“The survivors, who appeared in front of a large gathering in Srinagar, for the first time since the incident, were accompanied by Syed Mohammad Yasin, the Deputy Commissioner of Kupwara in 1991. Yasin broke down when he said: ‘I was shocked to see the plight of the women … A woman told me that she was kept under jackboots by the soldiers while her daughter and daughter-in-law were being raped before her eyes. A pregnant woman was not spared either ….’ The message of retaliation, humiliation and shame was palpable.


These victims offer suffer from double victimisation through neglect and isolation. The Kunan Poshpora incident is one of many thousands of such rape cases at the hands of the Indian security forces in Kashmir. There is simply no end to it.

In Kashmir, since 1989 the death of a male generation at the hands of security forces has left behind a population of widows and another group of women called half widows. The half widows find their husbands missing during the last 28 years and it is generally believed that they were taken out of circulation by the security services and the police. They are either in custody or have died during custody under torture. Unless there is a closure and a certainty about these missing people, these women cannot get married and are called half widows. Many of these women are unable to find work due to either lack of education, lack of opportunities, family commitments, cultural or religious barriers or fear of travelling alone. Hence they live under extreme agony, fear and poverty.

According to the Association of Parents of Disappeared Persons, a local NGO, more than 10,000 people were missing in Jammu and Kashmir. The Government has admitted that nearly 4,000 are missing. The Amnesty International report of 23 August 2011 identified 2,800 mass graves in Indian-held Kashmir, while no international human rights organisation is allowed to investigate by the Indian authorities. In August 2016, the United Nations Human Rights Council was refused access by the Indian authorities to investigate these human rights violations.

While the world is celebrating India’s economic growth, the world’s largest democracy lacks respect for human rights and equity, while its security forces are committing some of the worst human rights abuses with complete impunity. Kashmiri women are crying out loud to the human rights campaigners of the free world to consider them equal and support them to get justice.

On that note, I ask the Minister whether Her Majesty’s Government will raise the plight of Kashmiri women with the Government of India at the earliest possible opportunity.

Counter-Terrorism and Security Bill

Lord Hussain Excerpts

Wednesday 4th February 2015 Lords Chamber

We must not build up that constituency of ambivalence by taking action that is unnecessarily heavy-handed and authoritarian. The greater the dangers, the greater the urgency and the more essential it is to work with the community and be seen as friends of the community, working with it to strengthen it; to build a situation in which those people are not being told, “After all, they are good decent citizens”. They can feel that they are ordinary, decent citizens in society. That is the point: it is creating an ethos and social reality that people experience in their everyday lives. We must be careful that we do not give extremism a victory by allowing it to provoke us into doing things that do not help.

[Lord Hussain (LD)]

My Lords, as somebody who has been deputy leader of Luton Borough Council, I support my colleague’s amendment. Luton has been in the media because of its extremists, and we do have a small number of people who hold extreme views. Nevertheless, it is on record that out of the 22—or now perhaps 24—mosques in the town, none of them allows those few extremists to use its platforms to spread their messages. Some of them have worked with ex-offenders and those who might have been involved in other activities.

Might I give an example of how this is going to affect them? One of the imams of those mosques, whom I knew very well, was working on a project with ex-offenders. It was a successful, well recognised piece of work that he had been involved with for years. He had worked with internationally recognised charities in Syria. Recently, when he gave in his passport to be renewed, the passport was held. We do not know the reasons; he has approached me and said, “Can you help me?”. He has tried to speak to the Passport Office; he spoke to the crime commissioner and his local Member of Parliament, but he is not getting anywhere. He said to me, “Lord Hussain, if I have done something wrong, just tell me that I have done something wrong. If it is wrong for me to go to work with a charity in Syria, I will not go to work with those charities in Syria, much as I would like to. But I don’t think I have done anything wrong”.

We have to give proper training to our staff in order to carry out these laws. Experience shows what went on when we tried to implement stop and search, a piece of legislation that the police actually admitted that they were not sufficiently trained to carry out. My fear is that we are going to alienate communities if we do not accept the amendments, which I support.

[Baroness Smith of Basildon (Lab)]

My Lords, I rise briefly on this. I was reflecting on my own student days when we had serious problems with extremists in Leicester, but extremists as referred to in the Prevent draft guidance—from the extreme right-wing. We had numerous problems and things were at times quite frightening. I also recall attacks on gay bars in London by extremists who were anti-gay. We have to be very equal and balanced when we talk about extremism.

I was grateful for the comments of the noble Lord, Lord Scriven, when he talked about Muslim communities as being as broad and wide as any other communities that share a set of beliefs or religion. I can equate that with some Muslim friends of mine who do not all think the same. I was slightly disappointed by the comments of the noble Baroness, Lady Buscombe. In my experience, when there have been attacks where Muslims have been blamed or some Muslims have been responsible, the greatest condemnation has come from those who are Muslim.

Immigration Bill

Lord Hussain Excerpts

Thursday 3rd April 2014 Lords Chamber

[Baroness Hamwee]

My Lords, in answer to the noble Earl, Lord Sandwich, we need prophets and optimists, and I am glad that we have at least one.

I very much support what my noble friend has been urging us so consistently to do: for reasons of integration; for individuals to keep up skills and be able to practise their English in the context of work; and, of course, for the financial reasons that the noble Baroness has dealt with. Most of all, work is valuable for self-respect and mental health. I do not put the two situations on a par with one another but clearly we all value working: there are a lot of noble Lords in the Chamber this afternoon, and who have been in this building, who could probably have been taking advantage of what I understand has been quite nice weather outside but have chosen to spend the day working.

[Lord Hussain (LD)]

My Lords, when the Government brought in this law, withdrawing the right of asylum seekers who have been here for more than six months to work, I do not know what they intended to achieve, or what they have achieved so far by having that law. It does not prevent any people coming into the country. It is not an immigration issue at all. We are talking about people who are already in this country, asylum seekers whose applications are being dealt with. Through no fault of their own, their applications are taking longer than six months. We are still saying that they should not be able to work.

This law drives people into deep poverty. They are more vulnerable to exploitation. They should have a right to work, like everyone else, and they should be able to feel proud that they are not living on handouts but working for their families. This is one good thing that the children can be proud of as well. Therefore, the amendment moved by my noble friend Lord Roberts should be supported. I support it. I hope that the Minister will look into this and be sympathetic to the cause of the asylum seekers.

[Baroness Manzoor (LD)]

My Lords, I briefly add my support because, although I have listened very carefully to the argument made by the Minister, I genuinely do not understand why people should not be allowed to work for perhaps six months because of the backlog of cases. Perhaps there should be a time limit, so that if someone has not heard about their case then they have the right to work. However, we must think very carefully about what the implications of that may be. As was said by the noble Baroness, Lady Lister, maybe something should be put around that to keep the criteria very visible to the Home Office.

Immigration and Nationality (Fees) Regulations 2014

Lord Hussain Excerpts

Monday 24th March 2014 Grand Committee

[Lord Taylor of Holbeach]

Yes, that is certainly the case. They dropped in that period and they have now increased markedly, so the latest figure is on track to be the second highest since the scheme was introduced.

We are taking steps to increase our focus on illegal working. With the creation of the Immigration Enforcement Directorate last year, we have already seen a significant increase of 47% in illegal working operations in 2013, compared with 2012, and a corresponding increase in civil penalties involved. Around 10,000 civil penalty notices were issued to employers since the start of the scheme until the end of 2013. The gross value of penalties levied during that time is in excess of £90 million, but the net recoverable value is £70.8 million. During the period from 2008 to 2013, almost £30 million was collected. Civil penalties to the value of £20 million were written off. The noble Baroness is right to draw attention to that factor. That happened during the previous Labour Government as well as during this Government, often because the companies evade the penalty by dissolving their business. The remainder is still subject to recovery; we are still pursuing some of these people—but we are using the Immigration Bill to make it easier to enforce civil penalty debts in the courts. The change will accelerate the process of enforcement, reduce costs and provide clarity.

[Lord Hussain (LD)]

I wanted to clarify one point. What consideration has been given to how to implement the penalties on small employers whose sole income may not be as much as the penalties being introduced of £20,000?

[Lord Taylor of Holbeach]

Whether you are a small or large employer, it is clearly illegal to employ people who are not entitled to work here. The penalty regime is designed to provide the enforcement authorities with flexibility in how they apply the scheme. The whole point of the exercise is not to drive people out of business but to prevent businesses that gain an economic advantage by employing illegal workers from gaining that advantage and to discourage them—and to make sure that they have proper checks in place, small or big business, to make sure that they have proper records in these cases.

I would argue that in some ways it is easier for a small employer to have a rigorous regime, because people are more likely to be working alongside each other in small businesses than in larger organisations. We are trying to work with business. I hope that my noble friend will agree with me that the employment of illegal labour is a scourge that needs addressing and that, whether it is in large or small businesses, we are right to deal with it. They are treated equally, and we allow payments in instalments to reflect the impact on the business. I should just mention that.

Anti-social Behaviour, Crime and Policing Bill

Lord Hussain Excerpts

Tuesday 29th October 2013 Lords Chamber

[Lord Hussain (LD)]

My Lords, I first congratulate my noble friend Lord Paddick on an excellent maiden speech. I look forward to working with him in the future.

This Bill covers a range of issues which I am sure will be covered in full elsewhere. I intend to focus my comments on the Bill’s provisions on forced marriage. Forced marriages in the UK came to light in the past 15 to 20 years. The full scale of the problem is still not known, as only cases of challenged forced marriages become public knowledge. However, forced marriages must not be confused with arranged marriages, which are quite common in some of the minority communities of the United Kingdom and have a very high success rate. I must declare an interest as someone who has enjoyed an arranged marriage for the past 35 years.

Forced marriages are not limited to any one community or any one particular faith. However, most cases registered with the Home Office Forced Marriage Unit are from the Pakistani Muslim community. Forced marriage is not permitted under any faith and the Islamic guidelines are very clear that the marriage is valid only with the consent of both people involved.

To look for solutions to bring an end to this terrible practice that ruins the lives of many young people—most of the victims are known to be young—we need to look at the background and the culture of these communities. We need to look carefully at whether, by declaring those involved in forcing others into a marriage against their will to be criminals, we are going to help resolve the issue or are going to push it more under the carpet. I welcome the fact that the Government are taking this issue as seriously as it should be taken, and I understand why they have come to the conclusion that forced marriage should be criminalised. However, my opinion is that many victims would not want to see their parents, who are normally the main culprits in forced marriages, behind bars. Thus, many cases may not get reported and the proposals in the Bill may have an adverse effect and be counterproductive.

Instead, I argue for more awareness among the potential victims and the schools, colleges and family doctors. Particular emphasis should be given to educating the parents. Most of the victims of Pakistani-origin families are forced to marry either one of their first cousins or a close relative. The medical evidence shows that this may lead to adverse effects. A study done by the University of Bradford concluded that:

“Marriage to a blood relative accounted for nearly a third”—

31%, to be precise—

“of all birth defects in babies of Pakistani origin”.

It was also reported that:

“The risk of having a baby with birth defects—usually heart or nervous system problems which can sometimes be fatal—is still small, but it rises from 3% in the general Pakistani population to 6% among those married to blood relatives”.

I strongly welcome the Government’s drive to reduce prisoner numbers by seeking alternatives that help prevent behaviour which we may consider wrong or dangerous. We should apply a similar approach to the issue of forced marriages. We must look into the awareness and education aspect, rather than creating another category of criminals.

Educating people about the rights of individuals, freedom of choice and mutual respect, along with sharing the findings of medical research, may be more helpful and productive than sending more people to prison. I look forward to discussing these issues further during Committee and I hope that the Minister will reflect on some of the concerns raised about whether criminalisation is the right tool to tackle what we all agree is a problem.

Crime and Courts Bill [HL]

Lord Hussain Excerpts

Wednesday 4th July 2012 Lords Chamber

[Baroness Smith of Basildon]

If the noble Lord reads Hansard and looks at my previous comments and at what I have just said, he will find that I acknowledge that sometimes a wrong decision is made because the right information is not supplied. Indeed, I quoted the chief inspector as saying that in 16% of the cases reviewed, applications had been refused on the basis of a failure to provide information, but the applicant was not aware of what information was required. I acknowledge that important point. If the Minister were to take that back to the UK Borders Agency and act on it, that would be an extremely positive step, so that all applicants are made fully aware at the time of application what information is required.

[Lord Hussain]

My Lords, may I raise one question? I live in a community where a lot of migration takes place and I can quote examples. However, I need some clarification from the Minister. On more than one occasion, applications from family visitors, who have visited Britain more than once, have been refused even though they have complied with the law and have done nothing against the law. They say, “Yes, we accept that the applicant has been to Britain in the past and that they have not broken any law, but things have changed and, on the balance of probabilities, we believe that they will not go back”. I wonder what sort of new information they will supply if they resubmit their application. The only answer I can see is a right of appeal, so that they can prove that they can fulfil all the requirements and guarantees needed to show that they will go back, as they have done in the past.