Posted on October 31, 2018 in Business Law

Common judicial processes in the U.S., and in DuPage County, in particular, can be problematic for many members of the Muslim community. The American court system functions in a manner that privileges individual rights over collective responsibilities and communities, which can be alienating to Muslims in general and particularly so for members of the Muslim community who are immigrants and are accustomed to different legal, social, cultural, and religious practices. Relying on Muslim arbitration can be one way to handle business disputes and other legal conflicts involving a member of the Muslim community without treading on certain norms that are important to that party.

To learn more about Muslim arbitration, first we want to say more about arbitration generally. Then we will provide you with some background information about Muslim arbitration in the United States.

What Is Arbitration and Why Is It Beneficial?

Continue Reading ››

 Posted on October 15, 2018 in Business Law

Resolving legal conflicts in business and other areas can be complicated and frustrating for anyone, but the prospect of conflict resolution can feel even more daunting — and potentially biased — for members of the Muslim community. Common legal practices in the West rely on rules and individual responsibility, and as such, lawsuits are routine and necessary. Such practices can corrupt the ethical assumptions and religious or sociocultural practices of persons who do not ascribe to Western norms. All of this is to say that conflict resolution, particularly involving members of the Muslim community, can be complicated in relation to the U.S. judicial system.

Lawyers who regularly work with members of the Muslim community are trained to think outside of the box and to come up with unique solutions to legal and business disputes that arise between and among community members. There are multiple methods of alternative dispute resolution (ADR), and other non-judicial options, for resolving conflicts.

Continue Reading ››

 Posted on September 30, 2018 in Business Law

Business disputes arise in many different contexts, from disputes with suppliers or employees to disputes among co-owners of the business. Given that corporate law as it is practiced in the U.S. tends to be very Western and individualistic in its approach, it can be difficult for members of the Muslim community to integrate their own cultural and religious practices into the existing corporate law structures. For example, the practice of taking a business dispute to court can come into conflict with a Muslim business owner’s religious and cultural practices for resolving disputes.

When Western jurisprudence seems to diverge from the principles of Islamic law or Islamic cultural practices more generally when determining the outcome of a business dispute, the parties may consider turning to mediation. A form of alternative dispute resolution (ADR), mediation allows parties to a dispute to play an important role in the outcome of the situation all while being flexible with regard to the practices and styles of the mediation space.

Continue Reading ››

 Posted on September 20, 2018 in Illinois Family Law

There are many different reasons that family law conflicts can arise in DuPage County, from one spouse’s desire to file for divorce to difficulty coming to an agreement over a parenting plan after a marriage has been dissolved. Mediation can be extremely helpful for many families and in many different legal contexts. To be sure, there are benefits to mediation that simply do not exist in a courtroom. However, it can be difficult for Muslim individuals and Muslim families to find a mediation model that fits religious and cultural values, as well as the parties’ religious and cultural upbringings.

As such, it is important to work with an experienced DuPage County family law attorney who has experience serving members of the Muslim community. At Farooqi & Husain Law Office, we are dedicated to providing compassionate and informed counsel to Muslims in Oakbrook Terrace and throughout DuPage County.

Why It Is Important to Consider Mediation for Muslims

Continue Reading ››

 Posted on September 01, 2018 in Immigration

The process of applying for citizenship in the United States has always been a long and complex one, but it is becoming more difficult and complicated more recently with political and legal changes taking place. Many Muslims in DuPage County have questions and concerns about the citizenship or naturalization process. Naturalization is the process through which a foreign citizen obtains U.S. citizenship. Sometimes Muslim families in Oakbrook Terrace need help with the naturalization process for a family member who is currently a citizen of another country. In other cases, Muslim residents of DuPage County may be living and working in the U.S. on a visa but want to begin the naturalization process in order to become a U.S. citizenship.

At Farooqi & Husain Law Office, we know how frustrating and difficult immigration law issues surrounding citizenship and naturalization can be. We have years of experience serving members of the Muslim community, and we can answer your questions about the naturalization process today.

Continue Reading ››

 Posted on August 17, 2018 in Islamic Lawyer

When you are facing a significant legal matter, whether it is a family law matter such as a divorce or a business dispute, you want to have an experienced attorney who understands your background and the specific cultural issues that may be affecting or influencing your case. While many lawyers and clients alike do not immediately think about the ways in which cultural or religious differences can impact a divorce case or a commercial law contract, it is important to consider how these differences can influence one or both parties and for everyone involved in the case to respect such cultural differences.

In particular, members of the Muslim community, especially with familial ties to India and Pakistan, tend to have different cultural understandings and practices than the ones that are more typical of Western societies. We want to say more about the importance of cultural awareness and respect in solving legal problems.

Continue Reading ››

 Posted on August 01, 2018 in Spousal Support

Getting divorced can take a significant financial toll on any couple or family, especially when just one of the spouses was the primary earner. Whether one spouse stayed at home during the marriage to raise children or simply had a lower earning job, divorce can be extremely difficult when parties begin living on only one income. Alimony, which is known as spousal maintenance under Illinois law, is a term to describe a maintenance payment from one spouse to the other in order to account for substantial differences in income levels as a result of the divorce. Spousal maintenance is not awarded in all divorces, but it is awarded in many of them.

Factors for Awarding Spousal Maintenance in Illinois

In order for one spouse to receive alimony or spousal maintenance from the other spouse, the spouse seeking the maintenance must request it. The first step the court takes when it receives a request for spousal maintenance is to determine whether it is appropriate. In other words, should the spouse who wants maintenance receive it?

Continue Reading ››

 Posted on July 17, 2018 in Illinois Family Law

Filing for divorce in DuPage County can be complicated and frustrating when you do not have the help of an experienced lawyer on your side, especially when it comes to the division of marital property. One of the most contentious issues in divorces is property division. Under Part V of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), marital property is divided according to a theory of division known as equitable distribution. This means that all marital property will be divided in a way that the court considers fair—but not necessarily equal—to both parties.

Yet in order to understand how the equitable distribution of marital property might work, it is essential to understand how the court classifies marital property.

Marital Versus Non-Marital Property in Illinois

How does the statute define marital property? The IMDMA says that marital property includes any property obtained by either spouse subsequent to the marriage. In other words, any property, whether it is an asset or a debt, that either of the spouses acquired after getting married is classified as marital property. However, there are some exceptions to this rule.

Continue Reading ››

 Posted on June 29, 2018 in Illinois Family Law

When spouses decide to get divorced in DuPage County, they will have one of two types of divorce: a contested divorce or an uncontested divorce. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs nearly all divorce issues in the state, including those related to both contested and uncontested divorce. What is the difference between the two types of divorce? In short, a contested divorce is one in which the couple cannot agree to all (or any) terms of the divorce, from financial matters to issues concerning parental responsibilities and parenting time. Differently, an uncontested divorce is one in which both parties not only agree to the divorce itself but also to all of the terms.

An uncontested divorce can be preferable to spouses for many reasons. We will go over some of the benefits of uncontested divorce with you. As we do, keep in mind that even in situations where couples agree to the terms of the divorce, it is still extremely important to have an experienced Oakbrook Terrace divorce lawyer on your side throughout your divorce.

Continue Reading ››

 Posted on June 15, 2018 in Illinois Family Law

When you get divorced in DuPage County and have an uncontested divorce—or believe you will have an uncontested divorce - then you may have heard about a marital settlement agreement. What is a marital settlement agreement, and why do you need to have one? In short, marital settlement agreements are used when spouses are getting divorced but agree to the terms of the divorce. The marital settlement agreement can clarify how assets, payments, and other financial matters are divided. We will provide you with some additional information about the marital settlement agreement, and then we will give you some examples of what it can contain.

What Is Included in the Marital Settlement Agreement?

Typically, when a couple enters into an uncontested divorce—this means that the couple agrees to all terms of the divorce and the court does not need to make any decisions about financial matters, for instance—then that couple will also enter into a marital settlement agreement.

Continue Reading ››