We 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....