Navigating Divorce For Muslim Families

Last updated on June 29, 2023

Muslim families may want to consider Islamic principles and laws as they navigate divorce process. As a Muslim attorney, I have extensive experience assisting clients within the Muslim community with divorce. Alongside my knowledge of Texas and New York family law, I have a strong understanding of Islamic principles pertaining to divorce and child custody issues. I have spent my career helping many Muslim clients through the divorce process. Because of my Muslim background and experience in family law, I am able to advise clients with legal advice through the unique lens of Islamic principles.

Answering The Difficult Questions That Muslims Ask During Divorce Proceedings

If you are a Muslim contemplating divorce, you may be wondering the following:

  • What will happen to 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 Texas domestic relations laws. How does payment or nonpayment 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?

I am well qualified to help you address these and related questions, as I am a Muslim divorce lawyer who is uniquely positioned to work with clients who share my faith background. I can advise you regardless of your individual practice, madhabs, schools of thought or sects within Islam. I am willing and able to collaborate with your local religious imams and scholars to help incorporate your particular religious principles into your separation agreements. I am ready to use those principles to guide and inform my strategies in litigation when your spouse is your legal opponent.

Most importantly, I operate with knowledge and empathy in dealing with culturally and religious sensitive issues. Sometimes, divorce is inevitable, but as necessary, certainly one can end the marriage contract in a just and amicable way as is most Beloved by Allah (swt).

Call Amin Legal Firm, P.C., Today

Call me at 917-920-2039 or send me an email to schedule a consultation. I offer services in English, Spanish, Urdu, Punjabi and Hindi, and I am here to talk freely and confidentially with you about your divorce concerns.