Posted on December 00, 0000 in Estate Planning

When someone dies in Illinois, family members may have to deal with the process of probate. What is probate? In short, it is a term that refers to the legal steps that occur after a death in order to settle the estate of the deceased. While a term like “estate” might not seem like a word used to describe what is left when someone of modest means passes away, it is in fact a legal term that applies to anyone, regardless of income level. It is important for all members of the Muslim community in DuPage County to think about estate planning. And when it is time to deal with probate, it is important to understand how this process works. In addition, DuPage County residents should understand how changes to Illinois law for 2016 may impact the probate process.

Understanding Probate

In Illinois, probate is governed by the Probate Act of 1975 (755 ILCS 5/). As we noted previously, probate is the legal process that occurs after a person’s death. Probate is simply one way to deal with the estate of a deceased person. The process has numerous steps, including but not limited to:

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 Posted on December 00, 0000 in Islamic Lawyer

Buying or selling a home can be one of the major turning points in the life of a person or a family. However, the process can become extremely complex. Some believe that they can manage by themselves, but in truth, there are several aspects of home buying and selling that can cause real problems if not handled appropriately by a competent real estate legal professional.

The main reason to hire a real estate attorney to help with your home sale or purchase is their experience. Real estate, unlike many other legal fields, is infinitely complex. It is not uncommon for a home buyer or seller to let their agent act on their behalf, only to discover they have missed some integral part of the purchase agreement--some covenant or restriction--that binds them to performance. If an unusual situation crops up, most laymen are not going to be familiar enough with the law to be able to successfully negotiate.

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 Posted on December 00, 0000 in Islamic Lawyer

Islamic law can be quite complex in several areas, none more so than divorce. While standard secular divorce has many different requirements and stages, there are certain common occurrences that conflict with Islamic principles. Sometimes you may require the services of an experienced Islamic family law attorney in order to successfully navigate these obstacles in an Islamically acceptable way.

Who Keeps the Mahr?

Mahr, often incorrectly translated as “dowry,” means a gift from the groom to the bride upon the occasion of their wedding. There has been much ink spilled on the question of whether or not a wife may keep her mahr even after divorce. The short answer depends on who possesses the right of divorce and who initiates it.

If the husband has the right to initiate divorce and not the wife, then there are three ways that the wife may obtain a divorce in most Islamic courts. They are:

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 Posted on December 00, 0000 in Islamic Lawyer

Are you in the process of forming a business or expanding a business venture? Do you have plans for upcoming business negotiations or business litigation? No matter what kind of business law issue you currently are facing, it is extremely important to seek advice from an experienced DuPage County business law attorney. Dealing with contracts and other business agreements can sometimes result in complications for the Muslim community.

Negotiating Business Contracts

For Muslims in the business world, it is important to understand the relationship between business law and the terms set forth for doing business in the Quran. Generally speaking, for contracts to be valid under U.S. civil law, they must have two elements according to the U.S. Small Business Administration:

• The parties doing business agree on an offer, which is made by one party and accepted by the other party; and

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 Posted on December 00, 0000 in Islamic Divorce

Starting January 1, 2015, Illinois made significant changes to its laws regarding spousal maintenance. The formula for determining maintenance underwent significant alteration. This revives an ongoing debate among Muslim scholars and attorneys, however: a non-religious court may order spousal support, but it is generally considered to be haram amongst Islamic faithful. Divorce laws in the United States take precedence over religious laws, but within Islamic law itself, there is a growing trend to argue in favor of maintenance, under the Islamic principle of mut‘at-al-ṭalāq. It is possible for some to reconcile the two bodies of law.

Traditional Rationale

Generally, under traditional Islamic law, post-divorce maintenance was held to be haram because it was seen as an "additional" benefit to the wife. She was said to have “exhausted her share” during the marriage by being fed, clothed and sheltered by her husband. Support was permissible during the three-month religiously imposed waiting period (“‘iddat al-ṭalāq”) but not afterward.

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 Posted on December 00, 0000 in Business Law

If you are thinking about starting a business in DuPage County, it is important to understand the differences between forming an LLC and a corporation. Generally speaking, both of these business structures have the benefit of reducing an individual business owner’s liability in the event of a lawsuit or bankruptcy, for instance. However, these business structures are taxed very differently, and those tax differences can make a big difference in the long run. In addition, there are distinct types of corporations — namely, C corporations and S corporations — and the type you choose can have very different results in the long run.

It is important for members of the Muslim community in DuPage County to understand some of the distinctions between various business structures before launching a new enterprise. Once you have a sense of the pros and cons of each, you should always speak with an experienced business litigation attorney in Oakbrook Terrace. One of the dedicated lawyers at Farooqi & Husain Law Office can analyze your situation and discuss your options with you today.

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 Posted on December 00, 0000 in Business Law

For members of the Oakbrook Terrace Muslim community who are thinking about launching new business enterprise, it can be complicated to figure out how to draft an owner’s agreement. Different business structures have different forms of owner’s agreements.

The U.S. Small Business Administration helps to explain the distinctions among different kinds of business structures and the ways in which owner’s agreements can differ. Depending upon the type of business structure you have selected, your owner’s agreement will be entitled differently, but it should generally contain similar information. For instance, if you are forming a corporation, then you will need to create a shareholder agreement. If you are launching an LLC, however, you will need to create an operating agreement.

The information that you ultimately include in the owner’s agreement will provide guidance for handling a wide variety of issues that might arise at a later point in the life of the business. You should always discuss your situation with an experienced Oakbrook Terrace business lawyer before making decisions about a new business. An advocate at Farooqi & Husain Law Office can speak with you today.

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 Posted on December 00, 0000 in Employment Law

If you are in the process of negotiating an employment contract for a position in the healthcare field, it is important to seek advice from an experienced employment law attorney. Many Muslims in our community are employed in healthcare professions, and many Muslims in our state are practicing physicians. But before you agree to a contract or the terms of an offer, you should know precisely what implications that agreement can have when it comes to your benefits and your ability to practice medicine in a manner that you believe is appropriate.

Learning about Physician Employee Contracts

Not all employment contracts are alike, and physicians’ contracts can vary widely depending on your specific area of practice and the type of employer. According to a fact sheet provided by the American Academy of Family Physicians (AAFP) and a handout from the American College of Physicians, there are several key elements of any physician employment agreement, and it is particularly important to work with an experienced employment attorney who can review the details of your offer. Generally speaking, the elements of any physician employee agreement that should be of utmost importance include:

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 Posted on December 00, 0000 in Bankruptcy

If you have overwhelming debts and concerns about how you will be able to pay your bills, filing for personal bankruptcy may be a solution for you. In general, chapter 7 bankruptcy and chapter 13 bankruptcy are the two primary ways in which individuals can file for bankruptcy. It is necessary to understand the differences between these types of bankruptcy before deciding which may be right for you, but it is even more important to work with an experienced Oakbrook Terrace bankruptcy lawyer.

Bankruptcy law is extremely complicated, and you will need an advocate on your side. At the Farooqi & Husain Law Office, we know that many members of the Muslim community struggle with personal debt. We can discuss your bankruptcy options with you today.

What Is Chapter 7 Bankruptcy?

What do you need to know about chapter 7 bankruptcy? According to a fact sheet from the U.S. Courts website, chapter 7 bankruptcy is also known as “liquidation” bankruptcy. How does it work? When you file for personal bankruptcy under Chapter 7, a bankruptcy trustee will collect and sell your nonexempt assets. With the proceeds from your nonexempt assets, the bankruptcy trustee will repay your creditors (inasmuch as is possible).

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 Posted on December 00, 0000 in Traffic Offenses

What do you need to know about aggravated speeding in Illinois? In short, under the Illinois Vehicle Code, aggravated speeding is a very serious offense. At the Farooqi & Husain Law Office, we want to ensure that members of the Muslim community in DuPage County understand the severity of such an offense.

To be sure, a charge of excessive or aggravated speeding can result in a negative impact on your auto insurance rates, but it can also leave you with a criminal record. It is important to understand the recent changes to this law that increased the severity of speeding. And if you have been charged with aggravated speeding, an aggressive Oakbrook Terrace criminal defense lawyer can help to limit the impact of this offense.

Understanding DuPage County Excessive or Aggravated Speeding

Beginning January 1, 2014, a new law under the Illinois Vehicle Code went into effect. Under the new law, speeding in excess of 25 miles per hour beyond the posted speed limit can result in a misdemeanor charge. Key elements of the law are as follows:

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