Asset Division in an Islamic Divorce vs. Illinois’ Equitable Distribution

 Posted on October 29, 2024 in Islamic Divorce

If you and your spouse are considering divorce, there are a number of legal and financial issues you must address. The division of marital assets is one such issue. This, and many other issues, can be extremely complex, often ending up before a judge. If you are facing an Islamic divorce, asset division issues can be even more complicated.

While a couple divorcing in Illinois must follow the state’s legal procedures for divorce, an Islamic couple may also need to determine how Sharia law will affect asset division. When you have an attorney who is highly experienced in Islamic divorce cases as well as Illinois marital laws, you can be sure your marital asset division will be done correctly. An Oakbrook Terrace, IL marital asset division attorney from Farooqi & Husain Law Office will be the advocate you need throughout the process.

Equitable Distribution vs. Community Property

Nine states in the U.S. operate under community property laws, which means all marital property is divided right down the middle. The other states, including Illinois, operate under equitable distribution laws, which means marital property is divided fairly but not necessarily equally. A judge will take many different things under consideration when dividing a couple’s marital property, including:

• The contributions of each spouse, whether financial, homemaking, or child-rearing.

• The length of the marriage

• Whether either spouse has engaged in dissipation of assets

• Each spouse’s current financial situation and the ability of each to support themselves in the future

• Whether prenuptial or postnuptial agreements exist

• The age, health, occupation, income, employability, skills, liabilities, and needs of each spouse

• The parental responsibilities of each spouse

• The tax consequences of each marital asset

What Are the Rights to Marital Property in an Islamic Divorce?

Under Islamic law, married spouses have no obligation to share their own income and assets with one another. Whatever assets each spouse brings to the marriage, he or she is entitled to keep. Islamic law also states that wives are entitled to compensation for their contributions to the marriage, even if an Islamic husband claims his wife has no right to certain assets.

In some cases, the marriage contract of an Islamic couple could detail how marital assets are to be divided during a divorce. A "Maher" is a gift or contribution made by a husband-to-be to his intended wife to have as her exclusive property. This is considered a mark of respect for the bride and a dowry of sorts, which ensures the wife has the resources necessary to get by in the event of the husband’s death or a divorce between the couple.

If the Maher was not sufficient to support the wife or was more of a symbolic gesture, Islamic law recommends that the husband ensures his ex-wife will not be destitute, so many husbands will provide a gift to their soon-to-be ex to help her support herself after the divorce. A wife can also ask for compensation to address her contributions as a homemaker. If the couple is unable to come to resolutions regarding the division of marital assets on their own, they may have to address their issues before a judge in an Illinois family court.   

Contact a DuPage County, IL Asset Division Lawyer

Whether you need assistance on how Illinois divorce laws impact the division of marital assets or you need to understand how Sharia law applies to your case, an experienced Oakbrook Terrace, IL asset division attorney from Farooqi & Husain Law Office can help.

Attorney Naveed S. Husain couples his broad legal experience in family law with his knowledge of Islamic family law. This provides clients with a unique perspective in understanding the intersection of law with Islamic religious practice. Call 630-909-9114 to schedule a meeting with an attorney to discuss your family law issues.