Eaton Family Law Firm | muslim family law

Texas Muslim Divorce Attorney

free consultation

    Muslim Family Law

    Islamic Law puts great value on a couple’s marriage contract. But just like any other marriage, sometimes divorce is inevitable. However, due to religious and cultural differences, Muslim family law can be much more complex than American divorces and require a Texas Muslim family law lawyer.

    Pew’s 2017 numbers show an estimated 3.45 million Muslims currently live in the United States. In 2000, the estimated Muslim population in Texas was more than 60,000. By 2012, Houston Texas had the largest Muslim population in the southern region of the country. The Space City was also home to the largest population of Muslims in the entire State of Texas.

    And the fact is, many of these adult Muslims end up in divorce court and fighting for child custody and spousal and child support. So, how does Muslim Family Law differ from other cultures legally and spiritually?

    How Do Muslims Get Married?

    Unlike other religious marriages, Muslims rely on marriage contracts as opposed to ceremonies. An offer for marriage is made by one party. The other one must accept the offer at the time it’s made in front of two qualified witnesses. No rites or religious ceremonies are required because formalities carry zero value according to Islamic Law in relation to marriage contracts. So, how does the contract become valid? It’s complete and binding as long as these conditions are met:
    1. Both parties are competent
    2. Offer and acceptance were made in front of two witnesses
    3. The contract for marriage is adequately publicized

    Muslim Family Law: The Rules of Mixed Marriages

    When a Muslim marries someone who practices another religion, that person is subject to the country’s Islamic Family Law. This is how the decision impacts the family:
    • Children born into these mixed marriages are considered Muslims
    • A Muslim husband can divorce his wife quickly and easily at any time without a court hearing
    • Muslim fathers or their families gain custody of the children at some point in their lives as minors

    Children’s Rights & Guardianships During Muslim Divorces

    Muslim Family Law is much different from normal divorces and child custody cases. Most divorcing Muslim couples turn to guardianship instead of fighting it out in divorce court. There are three different types of guardianships for Muslim children, all of which are fixed from the moment they are born:

    1. Guardianship of Upbringing

    This is the love and nurturement young children get during the age of dependence from the women in their lives. The period terminates based on the child’s sex… generally between ages 7-9 for boys and 9-11 for girls.

    If the parents are already divorced when a daughter reaches the end of her age of dependence, she may be allowed to stay with her mother. But both parents must agree.

    Note: According to Islamic Law, the son must live with his father when his age of dependence expires.

    2. Spiritual Guardianship

    The father of the Muslim child may take spiritual guardianship over the minor or assign it over to one of his full-blooded male relatives. This person’s job is to act as a spiritual guardian while continuing to raise the child within the Muslim faith.

    3. Property Guardianship

    A father may be allowed to take guardianship over the child’s property. This gives them guardianship over the minor as well.

    Benefits of Hiring an Expert in Muslim Divorce Lawyer in Texas

    Islamic Law is clear about how Muslims divorces, and child custody cases should be handled. But there are cases where one parent is not a Muslim. Plus, during divorces, emotions run high, and often people make irrational decisions. That’s when you need a professional to intervene and help things go smoother.

    If you’re a  Muslim in Texas considering getting a divorce, you need an attorney with experience fighting Muslim Family Law cases. Don’t let your child custody case get out of hand. Fight for your child’s rights and get child and spousal support judgments that are fair with help from a reliable Texas attorney.

    From community property to postnuptial, to child visitation to guardianships, Eaton Family Law understands the ins and outs of Texas Muslim divorces. We take pride in our ability to work with such a dynamic culture with its profound religious beliefs. Our attorneys help Muslim clients build child custody and divorce cases that stand up in court.

    Let us help you divide your assets, allocate debt, and create a fair child custody plan for you and your soon-to-be ex-spouse. Our solid reputation in the Texas Muslim community speaks for itself. Call us at 561-420-8500 to speak with a Muslim family law attorney in Texas today.

    Serving Harris County |
    Houston
    Tomball