Case No. EWHC-941-(IPEC)

42.As mentioned above, Muzmatch was founded by Mr Younas in around April or May 2011. Mr Younas’ evidence was (and I accept) that he was a practising Muslim and wanted to provide a service that would allow Muslims to find a marriage partner in a way that was compatible with Islamic values. His concern was that for many Muslims, the only way to meet a marriage partner was through family contacts or intermediaries, a process which many Muslims found awkward and outdated. Whilst websites were being used by and were becoming more popular with some Muslims, many other Muslims disapproved of them, and in particular, of the more “mainstream Western” websites because they were perceived to allow or promote casual relationships rather than focussing on finding a marriage partner. Meanwhile, the only website then specifically targeted at the Muslim market was, in Mr Younas’ view, of very poor quality.43.As a result of this, Mr Younas decided to set up Muzmatch to provide Muslims with the opportunity to find marriage partners using the more modern means of a website but one which specifically sought to be compatible with Islamic values. To this end, he created a pay as you go6 website with features designed to weed out users who were not serious in their search for a Muslim marriage partner. This was reflected in that website’s homepage from 2011 which stated that the Muzmatch website: “… is the UK’s leading website helping you to find your perfect Muslim marriage partner! Giving you unique privacy and openness with no monthly membership fees, we are the only place to go to find other serious like-minded single Muslims looking for marriage”. 44.Similarly, the registration page for the website in 2011 referred to Muzmatch as the “Muslim Marriage Site for Single Muslims” and stated that:“…we aim to do things differently – with a big emphasis on the quality of Muslim singles, rather than quantity. We want to make it simply and easy for you to search for your ideal Muslim Marriage Partner Inshallah, whilst ensuring that our site deters those Muslims who are not serious and genuine in seeking Islamic marriage…”.45.In about March 2015, having realised that most traffic on Muzmatch’s website was via mobile devices, Mr Younas launched the Muzmatch app. Thereafter the website was retained to promote Muzmatch’s services but visitors to it were directed to the app. Until around March 2017, the app was free to use but gradually paid-for features were introduced including, in May 2017, Muzmatch Gold, a premium monthly subscription service. However, Muzmatch’s focus continued to be to provide a service, targeted at Muslims, to find a marriage partner and its app is described on the Apple App Store as “Muzmatch: Single Muslim dating; Halal, Arab & Muslim marriage” and on the Google App Store as “Muzmatch: Muslim & Arab Singles, Marriage & Dating”. Similarly, upon opening the Muzmatch App, users encounter a screen stating: “Where single Muslims meet”.46.In cross examining Mr Younas, Mr Austen suggested that Muzmatch might seek or might already be seeking to attract non-Muslim customers and so broadening its target audience. In view of what I have said above, I cannot see any basis for this suggestion. Moreover, in order to ensure that Muzmatch’s services are consistent with Islamic values, the Muzmatch app has the following features:a.All users are required to confirm their ethnicity, sect, religiosity, frequency of praying,7 marital status and marital plans. Such user profiles have to be approved, making it difficult for a non-Muslim to use Muzmatch without submitting false information. Users can set their own preferences and filters regarding the profiles they are sent of potential partners. Only where there is a mutual like between users, can those users proceed to “chat” via the app. b.A person cannot use Muzmatch without agreeing to abide by an Islamic Oath of etiquette. This includes an agreement to abide by Muzmatch’s Behaviour Guidelines, supported by its Safety Guidance. This was designed to “keep things halal” (i.e. in compliance with Islamic law).c.Technical measures are used to filter out inappropriate content and conversations are monitored to ensure they are consistent with the Behaviour Guidelines. Users are also encouraged to report unacceptable content either through the in-app reporting function or by contacting Muzmatch’s Customer Support Team by email. Such reports are investigated and Mr Younas’ evidence was that, in September 2021 alone, some 3,915 reports had been filed, resulting in 570 accounts being blocked.d.A user can opt to be completely anonymous and private, using a nickname and/or to have private or blurred photos. A user can also opt to involve a chaperone (wali) or a family member in their search. Where a chaperone is used, the user’s profile is marked accordingly and the chaperone can monitor the user’s conversations and interactions with other users.47.Notwithstanding these features, it is clear from documents included in Muzmatch’s disclosure that there is still a fairly substantial number of Muslims to whom Muzmatch’s services are not halal, but are rather “haram” (forbidden).