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IL divorce lawyerWe often work with families in the DuPage County Muslim community who have questions about the ways in which Islamic laws are both in conversation with and distinct from Illinois state laws concerning divorce, child custody, and related matters. One issue that often arises in general conversations about Islamic law and divorce is the options that are available to women who want to file for divorce. A recent study of Muslim women and Islamic divorce traditions discusses some of the assumptions that people make about women and Islam, and the various options that may be available to women who are religious and also want to get divorced.

If you are considering your options for divorce but have concerns about divorce in the Islamic tradition versus divorce under state law, one of our experienced Oakbrook Terrace divorce attorneys can speak with you today. At Farooqi & Husain Law Office, we are committed to serving the Muslim community in DuPage County and can discuss options with you.

Dilemmas of Religious Versus Secular Divorce

According to Anisa Buckley, the author of the study cited above, the Islamic tradition recognizes that both Muslim men and women are allowed to divorce. Yet in some community traditions, Islamic laws are interpreted in ways that allow men to divorce their wives unilaterally, while women must secure their husband’s consent. As such, in some situations, a Muslim woman could find herself fully able to obtain a secular divorce according to state law, but unable to obtain an Islamic divorce because her husband will not agree. In this way, Islamic divorce and secular divorce under state law run parallel to one another and largely do not impact one another.

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IL divorce lawyerDivorce for Muslims in DuPage County can be extremely complicated, especially when there are questions about how Islamic law will apply to the divorce proceeding and the steps that must be taken to obtain an Islamic divorce certificate in addition to a civil divorce decree. One issue that is not especially common but can arise in a Muslim divorce is this: the spouses have minor children from the marriage, and one of the parents is less religious than the other and wants to move away from raising the children in a religious environment. In other words, one of the parents wants to move away from educating the children according to the beliefs and practices of Islam, but the other parent vehemently disagrees. If you are the other parent—the parent who believes in a strong religious upbringing for your children—you are likely concerned and want to know: Can I continue to raise my children according to the teachings of Islam after the divorce?

At Farooqi & Husain Law Office, we know how complicated questions about childrearing can be after a divorce, especially when those matters get at the fundamental religious beliefs of the parties. An experienced Oakbrook Terrace divorce lawyer can help.

Religious Upbringing Under Illinois Law

The Illinois Marriage and Dissolution of Marriage Act (IMDMA) governs the allocation of parental responsibilities, including a parent’s ability to make decisions about the child’s religious upbringing.

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