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

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 Family Law

Over the last several years, lawmakers have instituted changes to the Illinois marriage and divorce statute in relation to same-sex marriage and spousal maintenance. Yet those changes only represent a small portion of recent shifts in laws concerning Illinois families. To be sure, the Illinois legislature recently passed a substantial rewrite of our state’s laws when it comes to marriage and divorce, and those new laws will go into effect on January 1, 2016.

It is important for Muslim families in the Oakbrook Terrace area to have a better understanding of the changes to our state’s marriage and divorce laws, and the ways in which those laws can impact family life. It is imperative to understand the major changes being made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in order to best prepare yourself for any issues relating to family law within the state.

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 Posted on December 00, 0000 in Family Law

A previous post discussed a number of changes made to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), all of which took effect as of January 1, 2016. When the overhaul of the IMDMA was signed into law, it contained numerous alterations to parenting during and after divorce. It is also necessary to understand some general changes to parenting laws in Illinois and the ways in which they will impact Muslim families in DuPage County.

Child Custody and the Allocation of Parental Responsibilities

One of the first major shifts to the IMDMA with regard to parenting is a basic name change concerning child custody. While changing the title for a specific area of the law might not at first appear to be a significant alteration, it suggests a shift in the way Illinois courts will approach issues of child custody. What is that name change? The large section of the IMDMA that concerns child custody has been renamed “Allocation of Parental Responsibility.”

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 Posted on December 00, 0000 in Child Custody

As of January 1, 2016, a number of changes concerning divorce and parenting laws have taken effect. But these are not the only family laws that have changed as of the beginning of this year. Indeed, as lawmakers sought to overhaul the Illinois Marriage and Dissolution of Marriage Act (IMDMA) so that it better reflects the needs and goals of divorce and parenting in the twenty-first century, lawmakers also took a close look at the Parentage Act and the ways in which it, too, was outdated.

The new Parentage Act of 2015 will impact many families in DuPage County, and members of the Muslim community should recognize the significance of these legal changes. While some of the issues raised in the new parentage laws are not as likely to impact Muslims as substantially as other DuPage County residents, it is nonetheless important to have an idea about how these laws work. A report from the Illinois Judicial Conference & DePaul University College of Law summarizes the key elements of the Parentage Act of 2015.

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 Posted on December 00, 0000 in Child Custody

Since January 1, 2016, sweeping changes to Illinois family laws have taken effect. Through the alterations to the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/), couples who are thinking about divorcing will notice numerous changes in terminology. In some cases, the changes to the law will have an immediate impact. In other situations, the shifts in the law are largely semantic ones intended to have symbolic import. And such a change is precisely how we would categorize the change from “visitation” time that parents have with their kids after divorce to “parenting time.” In other words, the legal language of “visitation” has been removed from the Illinois Marriage and Dissolution of Marriage Act (IMDMA) in favor of language that speaks to the human realities of a parent’s relationship with his or her child.

Legal Language of “Parenting Time”

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