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Muslim Family Law
If you are Muslim and facing divorce in Texas, you probably already know that this process can be highly challenging under Islamic law. You will want to make sure that you follow the law of Houston and Muslim law. We can help you with both.
Millions of Muslims live in the United States, many right here in Houston. Many Muslims ultimately divorce for various reasons, ranging from incompatibility to abuse. However, these divorces differ from many other Houston divorces due to the unique factors of Muslim family law.
Marriages in Muslim Community
Unlike most other religious marriages, Islamic marriages do not require a ceremony. They simply require one person to make an offer of marriage and the other to accept it in front of two witnesses. Both spouses need to be competent, and the marriage needs to be publicized and known to the community. These are relatively simple requirements for a religious marriage. Of course, Muslims who marry in the United States need to also follow the local laws where they marry.
The Rules of Mixed Marriages According to The Muslim Family Law
When a Muslim marries a non-Muslin, the marriage is still subject to Islamic law. Under this law, a Muslim husband can divorce his wife at any time. Custody of any minor children is to remain with the Muslim family.
Muslim Divorces, Guardianships & Children Rights
Guardianship of a Muslim child (a child of at least one Muslim parent) is determined when they are born. There are three forms of guardianship.
1. Guardianship of Upbringing
During the age of dependence, which is considered until age 9 for boys and 11 for girls, children are expected to be nurtured by women, usually their mothers. If a Muslim couple divorces when a child is still under the age of dependence, they will stay with their mother. After reaching their age of independence, a boy must live with his father, while a girl may remain with her mother.
2. Spiritual Guardianship
The father is expected to be the spiritual guardian of the child, raising them to be devout Muslim. This responsibility can also be assigned to the father’s full-blooded male relatives.
3. Property Guardianship
The father is sometimes allowed to take guardianship over the child’s property. As a result, they get guardianship over the minor as well.
Advantages of Hiring a Muslim Lawyer
If you are familiar with American divorce law, it is clear that it does not always align with Islamic law. In the United States, both men and women can initiate divorces. And, barring extreme circumstances, both parents will receive partial custody of the children. To make sure that your divorce agreement is fully legal, you will need an attorney for child custody who understands both American and Islamic law.
If you consider ending a Muslim marriage in Texas, you need Eaton Family Law firm. We are a family law firm with experience working with Muslim couples and Muslims in mixed marriages in Houston and surrounding areas like Tomball, helping them navigate their divorce. We can make the process go more smoothly and help you understand where Islamic and American laws conflict. Give us a call today and speak with a Houston divorce lawyer in Houston, TX.
