Subscribe to this list via RSS Blog posts tagged in Islamic divorce

IL divorce lawyerDivorce is complicated and difficult for any family going through this process. Indeed, whether you have only been married for a short time and have no children from the marriage, or have been married for years and still have minor children together, divorce in DuPage County is never easy emotionally or financially. Yet Muslims in DuPage County who are thinking about Islamic divorce may need to consider additional complications. Divorces involving Shariah, or Islamic law, can make the process more complex, especially when the spouses were married outside the U.S. and are now seeking a divorce within the country. Approximately one out of every three Muslim marriages in America result in divorce. This number is lower than the national U.S. average, but it is still a sufficiently high percentage that necessitates additional thinking about Muslim divorces in America.

In the meantime, if you have questions about filing for divorce or how to handle complications for Muslims, an experienced DuPage County divorce lawyer at Farooqi & Husain Law Office can help you. We have years of experience serving the DuPage County Muslim community with a wide variety of family law matters.

Having a Marriage Dissolved in Accordance with Islamic Law

For many Muslims in DuPage County and throughout the greater Chicago area, religion plays an important role, even if it is just a cultural role in the community. For example, weddings, funerals, and divorces are occasions for which Muslims want to abide by Islamic law, and, accordingly, if they want to get divorced, they will want to dissolve that marriage Islamically. For most Muslims in Oakbrook Terrace, this usually means getting a civil divorce decree that they can take to their imam in order to get an Islamic divorce certificate. But getting an Islamic divorce also typically means having dowries and other provisions of marriage contracts enforced. Since many Islamic marriages include a marriage contract with a dowry and other terms, the parties want to be sure that this is enforced upon divorce.

...

IL divorce lawyerMany DuPage County residents realize that their marriages are not working out and that it may be time to separate from a spouse. For most people, this results in a decision to file for divorce. Yet we also speak with many people who want to know what the difference is between divorce and annulment, and whether they may be eligible for an annulment instead of a divorce. To be sure, there is a common misconception that annulment can be an alternative to divorce and that it can be quicker and easier.

It is important to understand that annulment and divorce simply are not interchangeable. In the most basic terms, a divorce is the only way to dissolve a legal marriage, while an annulment is how two parties would officially dissolve a marriage that was never legal in the first place. We will say more about how these distinctions work.

Annulment: When a Marriage Is Invalid

Annulment is a process that is only possible when a marriage is invalid. While the law in Illinois concerning annulment falls under the Illinois Marriage and Dissolution of Marriage Act (IMDMA), it cannot be used when a couple is legally married.

...

Islamic divorce attorney, Illinois divorce attorney, Islamic family law attorney, 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.

...

Recent Blog Posts

Categories

Archives

Contact Us

NOTE: Fields with a * indicate a required field.
*
*
*

10 Best Attorney Award

Chat Us Text Us