When Is Spousal Support Awarded in an Islamic Divorce in Illinois?

Posted on in Spousal Support

illinois muslim divorce lawyerDuring a divorce, a spouse may request that their former partner pay them financial support. This form of support is referred to as spousal maintenance in Illinois, but it is also known as spousal support or alimony. Eligibility for spousal support can be a complex issue in any divorce case, but during an Islamic divorce, couples will need to determine how Shariah law applies in these situations.

Spousal Maintenance Under Illinois Law

In an Illinois divorce, a spouse may request that the court award spousal support, usually because they have relied on their partner during their marriage and do not have the financial resources to fully provide for their own needs. When determining whether maintenance will be appropriate, a judge will consider multiple factors, including:

  • Each spouse’s financial circumstances, including their income-earning capacity, their ongoing needs, their age and health, and their financial obligations, including the obligation to provide child support for their children or other forms of support for a spouse from a previous marriage or children from a previous relationship

  • Whether a spouse has experienced impairments to their income-earning capacity due to focusing on family or household responsibilities during the marriage

  • Whether decisions regarding child custody will affect either spouse’s income-earning capacity

  • Whether one spouse has provided assistance that increased the other spouse’s income-earning capacity, such as managing household responsibilities while the other spouse obtained education or focused on career advancement

  • Any agreements between the spouses related to spousal support, including prenuptial or postnuptial agreements or an Islamic marriage contract

  • Any other applicable factors that the court considers to be “just and equitable”

Spousal Support in an Islamic Divorce

Traditionally, Islamic law only provides for post-divorce spousal support, known as mut‘at-al-ṭalāq, in certain circumstances, and some scholars believe that women are only entitled to three months of support during the waiting period prior to the finalization of a divorce. However, some scholars are of the opinion that maintenance may be awarded in some limited circumstances. These scholars believe that post-divorce should be available to women who:

  • Were not at fault for a divorce

  • Received a divorce due to a husband’s physical abuse, mental cruelty, or impotence

  • Receive a divorce after being deserted by their husband

  • Were divorced before their marriage was consummated and before mahr was fixed

  • Were divorced because their husband did not provide for their financial needs

  • Were divorced by a husband because of chronic illness (īllāh) or because a husband foreswore marital relations (zihār)

However, scholars have stated that a woman should not receive spousal support if she sought a divorce through khula or who was responsible for a divorce, such as because of an extramarital affair. 

Contact Our Illinois Islamic Divorce Lawyers for Spousal Support

If you are a Muslim who is planning to get divorced, you will need to consider how Islamic law applies in your situation while also making sure you are following the requirements of Illinois law. The lawyers at Farooqi & Husain Law Office can provide you with legal help, and we will help ensure that you follow your legal and religious requirements while also working to protect your rights and your financial interests. To get help with spousal support during your divorce, contact our DuPage County spousal maintenance attorneys by calling 630-909-9114.

 

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm

https://iiit.org/wp-content/uploads/2018/09/post_divorce.pdf

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