Even seemingly trivial matters like who will do the dishes, take out the trash and which in-laws will be visited for Eid, need to be sorted out. Views on meat, music and Madhahab schools of thought need a fair discussion as couples determine their compatibility and how they will manage differing views on these subjects. Still too few communities have the necessary resources or have made the commitment to establish islamically based marriage education programs.
Moreover, not enough singles and families have made the commitment to seek the preparation and education necessary for a healthy marriage. Most couples do not know that the American legal system has an impact on their marriage. The reality is the law is a pervasive force always working for you or against you. You do not have to be a bad person to be confronted with a legal situation. Prior to marriage, a couple should be cognizant of their legal rights and responsibilities as they journey through the marriage cycle starting from courtship through marital dissolution by either death or divorce.
The Prophet saws is reported to have said it is not right for a Muslim who has property to bequeath that he should pass two nights without having a written will with him Sahih Bukhari.
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These are of course legal issues ordained by Allah. Consider the following scenarios based on true stories. These are just some of the legal issues that can affect everyday Muslim families. These couples never intended to face legal problems but everyday events led to their involvement with the legal system. Meet Hadia and Omar. These issues caused Omar to be deported and Hadia to make the difficult decision to leave her extended family behind in the states and follow her husband overseas with their four children to keep her family together.
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This was a legal issue. In the case of Amy and Abdul, after several misjudged financial decisions, the couple experienced an IRS investigation that lead to a lien on wages and the possibility of jail time. This is a legal situation. Amira and Dawud, parents of two small children, realized that they were in the U. One day, they narrowly escaped what could have been a tragic car accident and wondered what would have become of their children if they were both killed in that situation.
This, they realized, was a legal situation. They immediately sought out the means to prepare their Last Will and Testament.
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A young couple embarked on their pilgrimage for Hajj leaving their 4 year behind with a relative. While away, both parents passed away leaving no will in place. Who will now care for the minor child is a legal situation. A custody battle ensued to determine who will have primary say over their 3 minor children. During the course of their marriage, Amina and Ahmad invest in a new business, purchase a home, and other real estate. Ahmad fell ill in the midst of the economic downturn. Even though Amina worked full time, the couple faced an intense strain on their financial situation. After missing one too many payments their home was on the verge of foreclosure and the business was in trouble.
The couple realized they were facing a legal situation. Syed is a cab driver.
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One day he was involved in an accident where he received a traffic citation and criminal charges. Formalities: There should be an offer made by the wife to the husband. The offer of Khula must be accepted by the husband. Offer and acceptance may be either oral or in writing. The offer and acceptance must be made at one sitting, i. Consideration: For her release the wife has to pay something to the husband as compensation It may be any sum of money or property. Mubarat [ 3 ] In Mubarat both the parties are equally willing to dissolve the marriage.
Therefore, in Mubarat the offer for separation may come from either the husband or the wife to be accepted by the other. So who takes the initiative is irrelevant here.
One of the important features is that here both the parties are equally interested in the dissolution of marriage so no party is legally bound to compensate the other by giving some consideration. Same conditions as Khula also apply in Mubarat.
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It is similar to divorce by mutual agreement under section 24 of the Special Marriage Act, and under section B of the Hindu Marriage Act, The Dissolution of Muslim Marriages Act,  This act is regarded as a landmark in respect of matrimonial relief for Muslim wife. The salient features of the Dissolution of Muslim Marriages Act, are: 1. Section 2 of the Act contains certain grounds on the basis of which a wife married under Muslim law may file a petition for divorce.
There are 9 grounds out of which seven grounds are matrimonial guilts or faults of the husband which entitle a wife t get her marriage dissolved by a court of law. These grounds are available only to the wife and not the husband as Muslim law has already given an absolute right to the husband to divorce his wife without judicial intervention and without any reason. For filing a petition for divorce under the Act the wife must be of 18 years of age so the age of puberty as per Muslim law is not applicable in this case.
However a wife less than 18 years may file the Section 4 provides that if wife renounces Islam and ceases to be a Muslim then the marriage does not dissolve ipso-facto. So the wife even after renouncing her religion is entitled to exercise her rights of divorce under this Act.
The grounds of divorce are available to a woman married under Muslim law, so at the time of filing of the Petition the wife need not be a Muslim. The Act extends to the whole of India except Jammu and Kashmir and it applies to all the Muslim wives of any sect or school. Therefore, it made a uniform law in respect of judicial divorce by a wife in any part of the country.
Husband is Missing for Four Years  Section 2 i of the Act provides that if the husband is missing and his whereabouts are not known for a period of four years or more then the wife may file a petition for dissolution of marriage.
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He husband is deemed to be missing if the wife, or any such person who is expected It casts a legal obligation upon every husband to maintain his wife. If the husband is unable to maintain his wife due to poverty, unemployment, imprisonment, ill-health or any other misfortune, even then the wife has a right to get the decree for dissolving the marriage. Therefore, if the wife lives separately without an reasonable excuse then she is not entitled to get a judicial divorce on this ground. Imprisonment of husband for Seven years  Section 2 iii ,read with proviso a , lays down that a wife is entitled to get her marriage dissolved by an order of the court of law if her husband has been sentenced to imprisonment for a period of seven years or more.
Therefore, the decree can be filed only after the expiry of the date for appeal by the husband or after the appeal by the husband has been dismissed by the final court. But there are several matrimonial obligations of the husband under Muslim law. But for the purposes of this section only those conjugal obligations will be taken into account which have not been accounted for in any of the clauses in section 2 of the Act..
If the husband deserts his wife or does not cohabit with her without any reasonable excuse then it amounts to failure of the husband to perform marital obligations. But for getting a decree the wife has to prove the following two facts: 1. That the husband was impotent at the time of the marriage; and 2. That he continues to be impotent till the filing of the suit.
Where the husband is able to prove his potency within one year then the decree of divorce cannot be passed. Impotency here means impotency with respect to wife and not with respect to any Leprosy may be white or black or cause the skin to wither away. It may be curable or incurable. The Act does not specify its form nor its duration.
Venereal disease is a disease of the sex organs. The Act provides that this disease must be of virulent permanent nature i. It may be of any duration. Option of Puberty  This ground of dissolution of marriage is not based on any fault of the husband. It is an independent provision under which a marriage is voidable at the option of the wife. Under section 2 vii a wife can obtain a decree for dissolution of marriage if her marriage was contracted by her father or any other guardian during her minority. Thus this clause gives her the option of repudiating the marriage before attaining the age of thirteen years, provided the marriage has not been consummated.
This right was also available under the old Muslim law and was known as Khayar-ul-Bulugh but this right was not available to the wife under the old law when: 1. But now this exception has been removed under the Act. The wife had to exercise her option of puberty immediately after attaining the age of puberty. Now the Act provides that wife can exercise this right up to the age of eighteen years provided the marriage has not Cruelty by Husband  Section 2 viii provides that a wife can sue for divorce if her husband treats her with cruelty. Even under the old law this ground was recognized but its scope was limited to physical tortures and mental cruelty by husband was not a sufficient ground for dissolution of marriage.
The Act has now enlarged the scope of the Act to include mental cruelty. The Act defines cruelty by laying down following acts on the husband which are regarded as cruelty against the wife:- 1. Habitual assault on the wife or making her life miserable by cruelty of conduct if such a conduct does not amount to physical ill-treatment. Association of the husband with women of evil repute or that he leads an infamous life. The husband attempts to force his wife to lead an immoral life. The husband disposes off her property or prevents her from excersing her legal rights over it.
The husband obstructs her in the observance to her religious profession or practise. If the husband has more wives than one and he does not treat her equitably in accordance with injunctions of Quran. Any other ground recognized as valid for dissolution for marriage under Muslim Law  Section 2 ix a residuary clause under which a wife may seek dissolution of her marriage on any ground which could not be included in this section, but it is recognized under the Muslim personal law. A false charge of adultery by the husband against his wife Lian was a sufficient ground for judicial divorce under Muslim law.
This ground may be invoked under this provision. However section 2 ix is not limited to Lian. The wife may seek divorce on any other ground not included under any of the clauses of section 2. Under this clause complete breakdown of matrimonial relations or total mental incompatibility in itself ahs been regarded as a reasonable ground for dissolution of marriage. Legal Effects of Divorce  Divorce operates as complete severance of matrimonial relationship between husband and wife.
But this has changed in recent times. In the twentieth century, the combined spread of literacy; the availability and promotion of public education for both girls and boys; expansion of job opportunities for women; and the rising number of conversions to Islam from other religious traditions, particularly in the West, have added to the desire of Muslim women for greater empowerment in the practice and interpretation of their faith.