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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,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in the twenty-first century, lawmakers also took a close look at the Parentage Act and the ways in which it, too, was outdated.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.

Parenthood and Gender Neutrality

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,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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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,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.

No More Grounds for Divorce

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Illinois divorce attorney, Illinois family lawyer, Illinois child custody lawyer,If you are filing for divorce or are in the midst of dissolving your marriage, how will you be impacted by the availability of temporary support? For many Muslims in DuPage County, temporary support is a significant issue. If you were the primary earner in your household during your marriage, you will need to be aware that the court can order you to pay temporary support for your spouse and children until other orders are finalized. And if you were not the primary earner in your family, you are likely to have questions about whether you will be eligible for temporary spousal support and temporary child support until your divorce is completed.

Major changes to Illinois’s marriage and divorce laws will take effect on January 1, 2016, and one of those new laws deals specifically with temporary support.

Establishing the Need for Temporary Support

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Illinois defense attorney, Illinois criminal lawyer, Illinois Domestic Violence Act,If you have been served with an order of protection or are facing domestic violence charges, it is important to have an experienced Oakbrook Terrace criminal defense lawyer on your side. Being charged with domestic violence is a criminal offense, and it can have a serious impact on your life. Crimes involving domestic violence are government by the Illinois Domestic Violence Act of 1986 (750 ILCS 60/). According to the statute, our state recognizes domestic violence as a “serious crime against the individual and society which promotes family disharmony in thousands of Illinois families.”

If you were charged with domestic violence, you could be facing serious penalties. At the Farooqi & Husain Law Office, we are committed to helping members of the Oakbrook Terrace Muslim community with a wide variety of family law and criminal defense matters. Many Muslims in Illinois face domestic violence charges, and an experienced attorney can help to ensure that you are treated fairly and have a proper defense.

Criminal Misdemeanors and Domestic Violence

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Posted on in Orders of Protection

Illinois divorce attorney, Illinois family lawyer, protection order,What is an order of protection in DuPage County? According to the Illinois Attorney General’s website, orders of protection are court orders that “restrict an abuser.” They are designed to prevent an abuser from doing any harm to the petitioner or to his or her children. It is important to know that they are only available to family members of members of the same household. In other words, orders of protection are not designed to protect individuals from casual acquaintances or persons they do not know very well. Rather, they are to protect individuals from a violent family member or from another person who lives in the same household.

Domestic violence is an issue that impacts member of the Muslim community in DuPage County. If you have questions or concerns about an order of protection, you should speak with an experienced DuPage County family law attorney.

Who Counts as a Family or Household Members?

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Illinois defense attorney, Illinois criminal lawyer, Illnois traffic laws, What do you need to know about aggravated speeding in Illinois? In short, under the Illinois Vehicle Code, aggravated speeding is a very serious offense. At the Farooqi & Husain Law Office, we want to ensure that members of the Muslim community in DuPage County understand the severity of such an offense.

To be sure, a charge of excessive or aggravated speeding can result in a negative impact on your auto insurance rates, but it can also leave you with a criminal record. It is important to understand the recent changes to this law that increased the severity of speeding. And if you have been charged with aggravated speeding, an aggressive Oakbrook Terrace criminal defense lawyer can help to limit the impact of this offense.

Understanding DuPage County Excessive or Aggravated Speeding

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Illinois bankruptcy attorney, Illinios Chapter 7 lawyer, Illinois Chapter 13 attorney, If you have overwhelming debts and concerns about how you will be able to pay your bills, filing for personal bankruptcy may be a solution for you. In general, chapter 7 bankruptcy and chapter 13 bankruptcy are the two primary ways in which individuals can file for bankruptcy. It is necessary to understand the differences between these types of bankruptcy before deciding which may be right for you, but it is even more important to work with an experienced Oakbrook Terrace bankruptcy lawyer.

Bankruptcy law is extremely complicated, and you will need an advocate on your side. At the Farooqi & Husain Law Office, we know that many members of the Muslim community struggle with personal debt. We can discuss your bankruptcy options with you today.

What Is Chapter 7 Bankruptcy?

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Posted on in Employment Law

Illinois business attorney, Illinois employment law attorney, Oakbrook Terrace business lawyer, If you are in the process of negotiating an employment contract for a position in the healthcare field, it is important to seek advice from an experienced employment law attorney. Many Muslims in our community are employed in healthcare professions, and many Muslims in our state are practicing physicians. But before you agree to a contract or the terms of an offer, you should know precisely what implications that agreement can have when it comes to your benefits and your ability to practice medicine in a manner that you believe is appropriate.

Learning about Physician Employee Contracts

Not all employment contracts are alike, and physicians’ contracts can vary widely depending on your specific area of practice and the type of employer. According to a fact sheet provided by the American Academy of Family Physicians (AAFP) and a handout from the American College of Physicians, there are several key elements of any physician employment agreement, and it is particularly important to work with an experienced employment attorney who can review the details of your offer. Generally speaking, the elements of any physician employee agreement that should be of utmost importance include:

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Posted on in Islamic Lawyer

Islamic business attorney, Illinois business attorney, Illinois business law,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:

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Posted on in Estate Planning

Islamic divorce attorney, Illinois estate planning attorney, Islamic family law attorney,When someone passes away, the next step for most families is to divide the assets according to the wishes of the deceased. However, for observant Muslim faithful, dividing the assets is supposed to be a much easier procedure than for non-Muslims. There are specific tenets in shari’ah law governing the disposition of one’s assets. However, these requirements do not always mesh harmoniously with secular intestacy laws. Therefore, it is considered mustahabb, or recommended, that Muslims always leave wills, or wasiyyat, which provide explicitly for their wishes. Wasiyya, in Arabic, can be translated as “instruction.”

Asset Disposition and Wills in Shari’ah Law

Wills and other testamentary interests are extremely important in Islam. Several hadith make clear that if a man is just in his last will and testament after a lifetime of wickedness, “the goodness of his deed will be sealed upon him, and he will enter the Garden.” Leaving one’s affairs unsettled can be extremely harmful to one’s family - for example, accounts or property may have clouded title, or the position of one’s children (that is, who will be their guardian) may be undecided. A will is the observant Muslim’s last chance to set things right.

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spousal support changes, Islamic divorce lawyer ChicagoStarting 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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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.

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hire a lawyer when buying a house, Oak Brook real estate lawyer, Muslim law attorneyBuying 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.

Experience and Support

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.

In addition, many find it a great help to have someone who knows the law acting on their behalf. While obviously, the significant majority of real estate agents are entirely legitimate, there are many who misrepresent themselves or their listings. Chicagoland real estate fraud is still, unfortunately, a thriving business. Real estate attorneys are trained to spot inconsistencies in purchase agreements and leases, and can be the difference between a successful move and a scam being rewarded.

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Posted on in Estate Planning
By Ausaf Farooqi, Esq.

muslim-prenuptial-agreementsPicture this scenario. You are about to invest between $50,000-$150,000 in a business venture. The business venture has about a 50% chance of failure. If the venture fails, the losses incurred will include the entire initial investment as well as possibly tens of thousands of dollars more in additional costs and legal fees. You can, however, protect yourself substantially from future costs, legal fees, and recoup part of your initial investments if you enter into a contract prior to the investment. The cost of that insurance would likely be between $2000-$3000, split between the two parties entering into the business venture.

Given the probability of failure and the potential sunken costs, it would be almost irresponsible to enter the business venture without entering into an initial contract to protect yourself and as much of your investment as possible. The reality is, however, that Muslims enter into such a venture nearly every day without contemplating how to protect themselves from the failure of that venture.

Marriage is difficult and expensive. For Muslims, there are often two wedding ceremonies – the Nikkah and its reception and the Walimah. Many of the different ethnic cultures among Muslims have additional wedding related ceremonies and practices. The average cost for these events range between $30,000 - $100,000.

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