Navigating Divorce In Muslim Families
Muslim families may want to consider Islamic principles and laws as they navigate through their divorce process.
Fariah has extensive experience with divorce within the Muslim community. Alongside her knowledge and expertise of New York law, Fariah has a solid understanding of Islamic principles. She has guided many Muslim clients through the divorce process, providing sound legal advice through the unique lens of Islamic principles.
Helping You Answer The Difficult Questions
If you are a Muslim contemplating divorce, you may be wondering the following:
- What happens with the Mahr, the contractual marital gift? A wife may wonder if her husband has to pay the contracted sum at the time of divorce. The Husband may wonder if he is obligated to fulfill his Mahr obligation under the New York Domestic Relations Law? How does payment or non-payment of the Mahr affect spousal support or distribution of other assets? Under what law can the Mahr actually be enforced or invalidated?
- Is an Islamic Divorce still needed if a legal divorce goes through? Is a Khula, the process a woman can initiate and obtain a divorce from her husband, appropriate even with a divorce decree?
- What guidelines are used to set forth spousal and child support? Can Islamic law be considered? Can parties contract to follow their individual beliefs?
- Can a woman or man use Islamic principles of ownership of money and assets during a marriage to guide the distribution of assets during a divorce? For example, does the Husband have a claim over the Wife’s assets, even though traditional Islamic Law deems them as hers alone? Or does the Wife have a claim over the Husband’s business even though under Islamic Law she would not be entitled to the same?
- Who gets custody of the children? What does Islam say about parental rights upon separation and divorce?
Fariah is uniquely positioned to work with Muslims regardless of their individual practice, madhabs, schools of thought, or sects within Islam. She is willing and able to collaborate with your local religious imams and scholars to help incorporate your particular religious principles into your separation agreements or use those principles to guide and inform her litigation and fight against your spouse.
Most importantly, Fariah operates with knowledge and empathy in dealing with culturally and religious sensitive issues. Sometimes Divorce is inevitable but certainly one can end the marriage contract in a just and amicable way as is most Beloved by Allah (swt).