Possible Complications in Muslim Divorces

 Posted on February 18, 2020 in Islamic Divorce

Divorce is complicated and difficult for any family going through this process. Indeed, whether you have only been married for a short time and have no children from the marriage, or have been married for years and still have minor children together, divorce in DuPage County is never easy emotionally or financially. Yet Muslims in DuPage County who are thinking about Islamic divorce may need to consider additional complications. Divorces involving Shariah, or Islamic law, can make the process more complex, especially when the spouses were married outside the U.S. and are now seeking a divorce within the country. Approximately one out of every three Muslim marriages in America result in divorce. This number is lower than the national U.S. average, but it is still a sufficiently high percentage that necessitates additional thinking about Muslim divorces in America.

In the meantime, if you have questions about filing for divorce or how to handle complications for Muslims, an experienced DuPage County divorce lawyer at Farooqi & Husain Law Office can help you. We have years of experience serving the DuPage County Muslim community with a wide variety of family law matters.

Having a Marriage Dissolved in Accordance with Islamic Law

For many Muslims in DuPage County and throughout the greater Chicago area, religion plays an important role, even if it is just a cultural role in the community. For example, weddings, funerals, and divorces are occasions for which Muslims want to abide by Islamic law, and, accordingly, if they want to get divorced, they will want to dissolve that marriage Islamically. For most Muslims in Oakbrook Terrace, this usually means getting a civil divorce decree that they can take to their imam in order to get an Islamic divorce certificate. But getting an Islamic divorce also typically means having dowries and other provisions of marriage contracts enforced. Since many Islamic marriages include a marriage contract with a dowry and other terms, the parties want to be sure that this is enforced upon divorce.

In general, imams in America will recognize the jurisdiction of U.S. courts. Thus imams will not issue an Islamic divorce certificate until the parties have a civil divorce decree that makes clear their marriage has been dissolved legally according to Illinois law.

Islamic Law as Foreign Law in the U.S.?

When it comes to enforcing the terms of an Islamic marriage contract, some states (and some judges) view Islamic law as foreign law that is not applicable to a U.S. divorce. A number of U.S. states have banned foreign law in divorce cases, including Alabama, Arizona, Kansas, Louisiana, North Carolina, South Dakota, and Tennessee. In these states, judges cannot consider Islamic law in a petitioner’s divorce. Illinois residents, however, should know that many judges look at the terms of Islamic marriage contracts much like any other premarital or postnuptial agreement and want to uphold the terms during the civil divorce process.

At Farooqi & Husain Law Office we regularly represent clients who have concerns about whether the wife is able to keep the Mahr (or some of it) as part of the divorce settlement in addition to handling other matters specific to Islamic law.

Contact Our Oakbrook Terrace Muslim Divorce Lawyers

Do you have questions about Islamic divorce in Illinois or complications that Muslims can face in a divorce proceeding? One of the experienced and compassionate Oakbrook Terrace divorce attorneys at our firm can begin working with you on your case today. Contact Farooqi & Husain Law Office online or reach us by phone at 630-909-9114.

Source:

https://www.washingtonpost.com/national/on-faith/shariah-or-not-muslim-divorces-can-get-tricky/2012/10/01/13d014da-0c15-11e2-97a7-45c05ef136b2_story.html