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This case,1 involving a Muslim ceremony of marriage conducted over the telephone between parties resident in different jurisdictions, one of whom lacked the capacity to consent to a marriage in the eyes of English law, raises many questions of relevance both to domestic and to trans-national marriages. When will a marriage ceremony conducted over the telephone be regarded as valid? What rules apply when determining whether a valid consent has been given? How far should the law intervene to protect vulnerable adults? And should a marriage that is not based on full and free consent be classified as no marriage at all?
This work provides commentary, checklists, procedural guides and precedents on the subject in a...