Is Legal Separation an Option for Muslim Couples?

 Posted on November 10, 2021 in Islamic Divorce

The decision to get a divorce is difficult for most married couples, but husbands and wives who practice Islam may be especially hesitant to take this step. The prophet Muhammad has said, “Of all the lawful things, divorce is the most hated by Allah." Because of this, many couples may consider other options before proceeding with an Islamic divorce, including legal separation. By understanding when a legal separation may be beneficial, a couple can make choices about the right solutions for their unique situation.

Legal Separation Before or Instead of an Islamic Divorce

Muslim couples can take multiple approaches during the divorce process. A husband may choose to end his marriage through the talaq process without the consent of his wife. In other cases, a couple may mutually agree to end their marriage through the process of khula. Regardless of the method chosen, a couple is required to complete a waiting period of at least three months (known as the iddah) before their divorce can be finalized under Islamic law.

In addition to following the proper religious laws when ending their marriage, a couple will also need to meet a variety of requirements to dissolve their legal partnership. They may choose to legally separate during the iddah waiting period, and this separation may be extended for a longer amount of time or even indefinitely. This will allow them to live separate lives, but they will remain legally married. Doing so can have several benefits, such as the ability for one spouse to maintain insurance coverage under the other spouse’s policy. If the couple wishes to finalize their split, they will be able to complete the divorce process at any point in the future.

In Illinois, the process of legal separation is similar to a divorce, and a couple will need to address multiple issues about how matters will be handled moving forward. While a couple may be able to reach an agreement on some issues, if they cannot agree on matters such as child custody or whether spousal support will be paid, a family court judge may make the final decisions. However, a couple will need to reach a settlement that addresses the division of marital property, and a judge may only approve their settlement or reject a settlement that is determined to be unconscionable because it is grossly unfair to one spouse.

Contact Our DuPage County Legal Separation Lawyers

If you believe a legal separation is right for you, either as a temporary arrangement while you decide whether to proceed with your divorce or as a more permanent solution, Farooqi & Husain Law Office can explain your options and provide you with representation. We will work with you to determine the best ways to handle matters as you separate from your spouse, and we will help you address any legal issues that may affect you and your family. To get legal help with family-related issues, contact our Oakbrook Terrace legal separation attorneys at 630-909-9114 and arrange a confidential consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.learnreligions.com/steps-to-an-islamic-divorce-2004442

https://www.brandeis.edu/projects/fse/muslim/divorce.html