Advocate Islam » Family

The difference between the Western family law and Sharia

admin — Tue, 19 Jul 2011 07:44:06 +0000

Article

by Andrew Marshall

Sharia is the body of a rule in Islamic countries around the world. It is the law the most widely used religious on the planet. Many different aspects of Sharia laws in Western countries in Europe and North America. One area where sharia law is different in the family.

There is much debate in the Islamic world and beyond, from which the interpretations of Sharia law are correct and which not. He is often accused of treating women badly, but it is a school, but it was invented to protect women. As the practice of Sharia varies in different cultures and countries, can not this article just for all the nations of the practice. Some countries, like Iran, Sudan and Saudi Arabia are too dependent on their own interpretations of sharia, while countries like India and Pakistan are more liberal.

Most of the principles of Sharia law is on the family. Unlike Western cultures, when it comes to family law, a certain behavior in the family by law or is against the law requires, and failure to comply may result in sanctions. There are a number of so-called hadd crimes, including adultery and false accusations of adultery. Sexual activity outside marriage and homosexuality, also fall into this category. In some cases, the perpetrators of these crimes could receive punishments such as stoning or the death penalty. They are rarely given these days, and in most cases, a lesser sentence.

When it comes to divorce can be very different from the laws of the West. In some areas of divorce is the only decision of men, while in other women the same rights to divorce. An interpretation of the law is that man has just the Islamic equivalent of “I disown you,” say three times for a divorce to be official. This means that these words in a moment of weakness could mean the end of a marriage, even if it is not what he really wanted. If he then changes his mind, his wife must wait three months before their marriage and divorce from someone else, and then wait three months before their marriage, her husband home. This is very different from a divorce west, where a divorce by the court, before it is granted is to go for several months and may even take years.

The way men and women are treated when it comes to divorce varies according to some interpretations of Sharia law and the Family in the West. Sharia law in certain rights such as child custody and possession of real estate are likely to go to men, while in Europe, for example, they are more for women, although this depends on the circumstances.

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Latent shortcomings in section 4 of Muslim Family Law Ordinance

admin — Thu, 17 Dec 2009 01:52:53 +0000

On account of a fundamental rule of inheritance under Muslim law that “a nearer in degree excludes the more remoter” the children of a predeceased son or daughter can not inherit the property of their grandfather or grandmother who is survived by a son or sons. All the schools and sub-schools of Islamic law unanimously accepted this fundamental rule. So it is evident that in the opinion of Islamic jurists the provision of representation in respect of inheritance is absence in Muslim law. As under this principle grandchildren are excluded from inheritance, different Muslim countries of the world attempted to solve this problem by taking various devices.

In Syria and morocco the children of a predeceased son who would be excluded from succession under sharia law ,are now entitled to either the share of their father which they would have taken ,had he survived the propositus or one third of the net estate ,whichever is less .But till now no provision has been made for the children of the deceased ‘s daughter.

In Egypt the children of a predeceased son or daughter is entitled to the share of their parent which they would have received ,had he or she survived the propositus ,but within the maximum limit of one third of net estate.

Some Middle Eastern countries have adopted the device of ‘obligatory bequests’. In Libya the will act 1994 introduced obligatory bequest for orphaned grandchildren through predeceased sons. But Bangladesh and Pakistan have accepted the rule of representational succession for the orphaned grandchildren. Section 4 of Muslim family law ordinance1961 provides;

In the event of the death of any son or daughter of the propositus before opening of succession ,the children of such son or daughter ,if any ,living at the time of succession opens ,shall per stirpes receive a share equivalent to the share which such son or daughter ,as the case may be ,would have received if alive.’

According to this section a grandson or granddaughter represents his or her father or mother at the time of death of grandfather or grandmother and inherit what their parent would have inherited if alive, it is called representation. So representation means a more distant relative steps into the shoes of a nearer relative (e.g. a son representing his father) and inherits in an identical manner to the individual he represents. This doctrine of representation has brought in some cases caustic injustice to some heirs of the deceased .For the better understanding the latent injustices in section 4 of MFLO; we can discuss it by giving some examples;

Firstly; a dies leaving behind one daughter and one son’s daughter. So under Islamic law of inheritance daughter gets three-fourths and granddaughter gets one –fourth but according to this ordinance daughter gets one-third and granddaughter gets two-thirds. Only this single injustice upsets the whole community. Here both the heirs are female one is one degree nearer than the other one but nearer gets half of property of remoter. Do you think it is justice?

Secondly; under the ordinance the doctrine is applied only for the descendents of the deceased. It means the entire property which the deceased son would have inherited, if alive, goes to his children, depriving his wife and other relatives. For example; A dies leaving B, a son and D a grandson from predeceased son C and C’ s wife E. Here the property will be divided into two. B gets half and the rest half goes to D. So E is completely deprived .Is it justice?

Thirdly; the propositus dies leaving a daughter of a predeceased son and a full brother. Under MFLO, the entire property goes to son’s daughter and she completely excludes full brother. Is it not injustice?

Fourthly, Son is duty–bound to maintain his father but son’s son is not obliged to maintain his grandfather .So equal distribution among son and grandson is not justice.

Although section 4 of MFLO protected the right of grandchildren yet for the abovementioned injustices to the heirs it should be amended.

References:

A Text Book On Islamic Law– Dr. Muhammed Faiz-ud-din.

Shariah Law and Society– A.M.Siraj uddin.

Principles of Mahomedan Law– D.F. Mulla.

The Muslim Law of India– Tahir Mahmood.

Vallejo Family Law Firms — Making Divorce Cost Effective

admin — Tue, 13 Oct 2009 01:53:06 +0000

Everyone has horror stories about the Vallejo divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Vallejo family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their childrenâs emancipation. Post-divorce problems can linger for years, even for a lifetime.

In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Vallejo family law firms). You meet with a Vallejo family law firm a number of times. The Vallejo family law firm will to address and try to resolve the issues in your divorce. Vallejo family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.

A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. Itâs solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. Itâs groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.

The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Vallejo family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.

So.., the main difference is that instead of you, your spouse and a Vallejo family law firm, you have you, your spouse and two Vallejo family law firms – one for each of you. The benefits of collaborative law are great. Better, more workable, and longer-lasting solutions are generated. Relationships with family are preserved. It is generally not more expensive than mediated divorces (with the advocate attorneysâ critical involvement.) It is generally much less expensive than litigated divorces.

I hope your brain isn’t spinning too much at this point. But here’s it in a nutshell, you can

- mediate

- have a collaborative divorce

- create a separation agreement.

- duke it our in court.

The first three are usually the best.

Before filing your dissolution, contact multiple Vallejo family law firms – or better yet, fill in our contact form and let us give you a list of the best Vallejo family law firms for your particular case. Divorce is quite emotional but, the court sees it strictly as a legal matter. The law is designed to be fair, and that’s all Vallejo family law firms are trying to do. Help you create a fair settlement.

It might be worthwhile to consult with our Vallejo family law firms. Fill out our contact form and let us help you.