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Muslim Family Law in Tomball, Texas
Marriage is very important under Islamic law, but divorces are sometimes necessary. However, divorce in Texas can sometimes be more complex under Muslim family law due to cultural and religious differences. If you’re Muslim and facing divorce in Tomball, Texas, or surrounding areas like Houston, an Eaton attorney can help.
According to the Pew Research Centre, approximately 3.45 million Muslims resided in the United States in 2017. While this number continues to grow, the number of marriages and divorces also increases. Many adults, including Muslims, seek a divorce, spousal support, child custody, and child support. But the difference between Muslim Family Law and other cultural and spiritual laws is evident.
Marriages in Muslim Community
Usually, Muslims participate in marriage contracts. When a party makes an offer for marriage, the other party is supposed to accept it in front of two witnesses. Unlike other religious marriages, Muslim marriages do not require ceremonies. But how does the contract become valid? Firstly, both parties should be competent. Secondly, offer and acceptance should be made in front of two qualified witnesses. And lastly, the marriage contract should be adequately publicized.
The Rules of Mixed Marriages According to The Muslim Family Law
If a Muslim person marries an individual from a different religion, that person is subjected to the country’s Islamic Law. The Muslim husband can easily divorce his wife at any time without a formal court hearing. If there is a child, and the child is a minor, then the Muslim family maintains custody of the child.
Muslim Divorces, Guardianships & Children Rights
Muslim couples usually turn to guardianship. Primarily, guardianship of Muslim children comes in three different forms. All of these are determined at the time they are born.
- Guardianship of Upbringing
During the age of dependence, young children are nurtured by the women in their lives. Based on the child’s sex, the period of dependence terminates between ages 9-11 for girls and 7-9 for boys.
If a Muslim couple is already divorced, a female child may be allowed to stay with her mother when she nears the end of the age of dependence if both parents agree.
However, Islamic Law states that when the age of dependence expires for a male child, he must live with his father.
- Spiritual Guardianship
Usually, the father of the minor Muslim child takes spiritual guardianship. He can also assign this guardianship to his full-blooded male relatives. The person then can act as a spiritual guardian and raise the child within the Muslim faith.
- 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 Divorce Lawyer in Tomball
Islamic law lays out rules for child custody and divorces. However, there can be challenges where one of the partners is not Muslim. Islamic family law doesn’t always intersect with American family law; that’s why you need an expert to provide sound and logical advice and handle your case as professionally as possible.
If you are a resident of Tomball, Texas, that’s considering divorce, you need an attorney who knows the complexity of Muslim family law. Eaton Family Law is proud to work with the Muslim community. We can make the divorce process smoother, whether it is community property, child support, or guardianship. Give us a call at 561-420-8500 to speak with a Muslim family law attorney.
