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Month: October 2017

The Khul’ Divorce in Egypt

The Khul’ Divorce in Egypt

Under the rules of divorce in Islamic sharia, a husband has the prerogative right to divorce his wife any time, any place, with or without any reason. Under certain conditions, the wife may request from the religious judge a judicial divorce in case of harm or maltreatment (darar), as stated by the Maliki School of jurisprudence.

Based on the wide interpretation of the Maliki School, the wife may seek divorce if she can convince the judge that she is suffering a harm from her husband, a provision that is not allowed by the Islamic Hanafi School of law.

In general terms, Islamic sharia allows the wife to seek divorce under the following conditions: (1) impotency; if the husband is unable to consummate the marriage; (2) his apostasy from Islam; (3) his imprisonment for a long period of time; and (4) if he contracts an incurable skin disease.

The additional harm as a cause for divorce in Maliki interpretation of sharia, allows the wife to bring evidence to the judge showing that the husband used systematic maltreatment, and is unable to provide maintenance to her.

Such provisions in Islamic sharia created hardship for thousands of women who were seeking divorce, but unable to prove the harm factor to the satisfaction of the judge. Women were unable to get out of their un-happy marriages because their husbands refused to consent to the divorce, and the judges were not persuaded with the evidence presented by the women. To remedy this situation, the Egyptian government enacted a law allowing judges to approve the divorce through a process known as Khul, or repudiation, without the consent of the husband.

Khul was practiced in early Islamic period; it allows the wife to obtain a final divorce by means of a financial settlement paid by her to the husband in compensation, without having to prove of harm or maltreatment. Frequently, under the terms of Khul, the wife is required to pay back all or part of the “mahr”, which is the amount of money or objects of value that the husband gave his wife when the marriage contract was signed. Also, she has to relinquish her right to the amount of “mahr” he promised to give her in the future. In addition, the husband must agree to the Khul. In other words, should the husband refuse to consent to the Khul, the wife will be unable to get divorce. Faced with that difficulty, the legislators in Egypt enacted a law in which the judge was given authority to separate the married couple based on Khul without the approval of the husband and without having to prove maltreatment.

On January 2000, former President, Hosni Mubarak of Egypt, issued in the Official Gazette [al-Jaridah al-Rassmiyyah] Law No.1, of 2000, granting women the right to file for a “no-fault” divorce (Khul) on the basis of “incompatibility,” without having to provide evidence of harm. Under the provisions of the new law, the wife may obtain a definitive judicial separation from her husband if she desires so; the only condition she has to satisfy is to forfeit her rights to alimony and her deferred “mahr” (muakhar) as well as repay her advanced “mahr” (muqaddam).

First section of Article 20 of the new law provides the following: “A married couple may mutually agree to separation (al-Khul); however, if they do not agree and the wife sues demanding it [i.e., the separation], and separates herself from her husband (khalaat zawjaha) by forfeiting all her financial legal rights, and restores to him the “mahr he gave to her, then the court is to divorce her from him (tatliqiha alayhi).”

Before the judge rules on Khul, he has to order the couple to undergo a process of reconciliation, and after asking two mediators [hukkam] to pursue conciliation efforts between them for a period that may not exceed three months; and after the wife decides explicitly [tuqarrir sarahatan] that she abhors living with her husband and there is no way to continue married life between them, and that she is afraid to transgress Gods limits of this abhorrence.

It is important to note here that while a woman is required to submit to burdensome and time-consuming court-ordered conciliation, men seeking divorce, on the other hand, are never required to make any efforts at reconciliation. The reconciliation process is rooted in the biased notion that women are not capable of making rational decisions on issues related to divorce. According to one prosecutor in Cairo, mediation was necessary because “a woman may be hasty in filing for a divorce and may not have a strong keenness in keeping the family together. The court has to play this role and intervene. Men are more wise and rationale than women. A womans emotions can overcome her rationality”. (See Divorced from Justice: womans unequal access to divorce in Egypt, Google eBook, p.28).

Section 3 of Article 20 states that the separation order of the judge is “an irrevocable divorce [talaq bain]”; and the courts decision is not subject to any form of appeal. Article 20 of the Egyptian law of 2000 does not accord legal weight to the husbands consent to the terms of Khul divorce. This is based on the Sunnah literature, embodied in the Islamic canonical collections of the sayings and deeds of the Prophet of Islam, and especially the collection of Sahih al-Bukhari, which contain an authenticated version of Muhammads handling of the Habiba separation case in which he ruled to separate her from her husband without asking the husbands permission.

Although Article 20 of the Egyptian Personal Status Law, which grants women the right of Khul is considered a significant accomplishment by womens rights activists, it is harmful to womens financial rights because the wife is forced to give up her mahr, alimony and other gifts provided by the husband during their marriage. Poor women, particularly in rural areas, suffer most of this financial loss.

DISCLAIMER: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

An authorization to republish this article is hereby granted by the author provided that authors name is attached to the article.

Download Obsessed Movie For Free (2009) – Watch In Divxhd Quality Legally

Download Obsessed Movie For Free (2009) – Watch In Divxhd Quality Legally

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A DUI Accident Lawyer in Atlanta GA Will Benefit You

A DUI Accident Lawyer in Atlanta GA Will Benefit You

If you are responsible for causing a DUI Accident Atlanta GA, you definitely need legal representation to get you out of this trouble that you have caused. If you don’t have a lawyer on your side, you could end up spending more time than necessary behind bars. Not to mention the fact that you may now have something on your record that you are going to regret for the rest of your life. Rather than going through this process alone, set up an appointment with a lawyer today. He will be there to answer your questions and do the talking for you when it comes time to go to court.

If someone is injured due to your irresponsible behavior, there is no chance in denying what happened. However, if you have a DUI Accident Atlanta GA lawyer on your side, he may be able to convince the judge that you deserve another chance. Of course, you will have to do your part. For example, if you have a problem with alcohol, it may benefit you to agree to quit drinking. If the judge knows that you are in rehab, he may be more likely to help you out. However, if you do get caught drinking and driving a second time, things aren’t going to go over so well. Learn from your mistake and turn your life around.

Now, you need to think about the people that you have injured. You are going to be responsible for paying their medical bills. Maybe your auto insurance company will help you out. All policies are going to be different. It never hurts to make a phone call to find out what your auto insurance company is willing to do for you. If necessary, your DUI Accident Atlanta GA lawyer may have to call your insurance agent to let help them to make the right choice.

It is understandable that we all make bad choices every now and then. If you find that you have had too much to drink, don’t drive. If for some reason you end up causing an accident, and step up to the plate and admit it. And then, hire a DUI Accident Atlanta GA lawyer to represent you.

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Items Inside Of Legal Transcription For Dummies ; Specifically What Is Recommended

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Waco Criminal lawyers for best legal help

Waco Criminal lawyers for best legal help

We live in a highly litigious society. At the same time the laws and regulations have also become so complex that we may need legal help at any point of time. Waco law is a civil litigation attorney. The Waco law is situated in Waco and deals with various legal aspects which the citizens may face in a day to day life.

Often people wonder about how to find affordable legal help. In current time of recession paying a criminal lawyer for civil litigation rights can be a matter of concern. The criminal lawyers at Waco law have rich experience in handling cases of internet and technological laws. With thousands of man hours spent on critical cases the criminal lawyers are just the best to handle any kind of cases which they may have to solve to help the clients.

Handling a case needs zealous advocacy and along with that interpretation of the client problems and intricacy of application of law in different spheres. From another angle not only individuals but also the corporate and other organizations need legal help. Especially related to the employment and legal laws the companies need expert help. The Waco criminal lawyer has expertise in handling cases of major corporate entities.

The Waco criminal lawyer has a very good reputation in handling cases from various sectors in different segments of jurisdiction. Hence if you are looking for expert legal help then it is worth considering the Waco Criminal lawyer.

It is very crucial to select and depend on a criminal lawyer to get a good result and without any doubt the Waco criminal lawyer can provide this to their prospective clients. Getting a good criminal lawyer who can understand the problem of the client would not only save the time but also would help to protect the rights of the clients and a lot of pain can be avoided.

AUTHOR

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How to get the best legal advice rancho Cucamonga

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James D Madden www.jamesdmadden.com is one of the most reputed legal firms in Rancho Cucamonga offering services like rancho Cucamonga child support lawyer, personal injury lawyer Rancho Cucamonga as well as DWI attorney Rancho Cucamonga and legal advice Rancho Cucamonga.

A Criminal Defense Lawyer – Help Defend Yourself Against A Misdemeanor Charge

A Criminal Defense Lawyer – Help Defend Yourself Against A Misdemeanor Charge

A misdemeanor isnt as heavy as other crimes but you can be charged for it and this will become part of your permanent record. Fortunately, you can fight it with the help of a criminal defense lawyer.

When you are charted with a misdemeanor, you are given a citation which states the date and time that you will appear in court.

Do you have to see a lawyer? Some people do so immediately so they can be guided throughout the process. For that, you have to hire one. Surely you can get somebody because if you dont, a state appointed lawyer will be the one to help you but they dont do that well compared to private counsel.

For you to quality a state appointed counsel, you will have to fill up a form. You will also be required to reimburse the state for the legal services of the public defender.

When you finally hire a lawyer, tell them what happened because only then will they be able to figure out a strategy to help you out. For instance, your lawyer can argue that illegal items that were found in your possession were planted. If that is the case, during the arraignment proceedings, you will enter a plea of not guilty.

What is the difference between a plea of guilty and not guilty? If you enter a guilty plea, you give up the right to a trial since you admit to the crime. However, when you plead not guilty, you will stand trial and the jury will decide whether or not you are really guilty of the crime.

Here, the prosecution will be bringing in witnesses, police reports and the evidence. Your criminal defense lawyer will have the chance here to dispute the findings and if he or she is successful, reasonable doubt is achieved and your chances of getting a not guilty verdict become higher.

Once the closing arguments are made, the jury will now deliberate. If you are found to be not guilty, then you walk. But if you are guilty, then you will be sentenced shortly which may mean paying a fine, spending some time in jail, doing community service and placed on probation. You can appeal your case of course which will be done by your criminal defense lawyer.

The objective in this proceeding is to get you a not guilty verdict so you dont have to spend time in jail. However, if you are guilty and given the option to make a deal, perhaps you should take it.

The process of facing a misdemeanor charge is the same even if you are below 18 years of age. The only difference is that a parent or guardian is also present together with your lawyer when you have to face the judge.

Since being charged with a misdemeanor isnt that serious, some people decide to represent themselves. If you decide to do this, make sure you are familiar with the law and the procedures involved in your case because during trial, no one will help you or advise you on what you should do. But if are not sure how the legal process goes, why trouble yourself when you can hire a criminal defense lawyer who does this for a living.

A North Shore family trust lawyer able to provide assistance if you are creating a family trust

A North Shore family trust lawyer able to provide assistance if you are creating a family trust

For some it is very important to safeguard your assets against a range of different potential hazards when people work doggedly throughout your life to develop a collection of assets. You can receive security against future tax issues, business failure or maintaining family properties against being split using a trust. Any requirements of each household will be different to match their different situations.

You must speak to a family trust law firm as soon as possible. The content below is not lawful guidance. Taxation, family trusts and possession of property is a complicated aspect of law covering numerous problems therefore obtain expert support.

Reasons to establish a family trust There are lots of explanations individuals decide to develop tust. Here are some of the more frequent reasons.

Using a family trust in order to shield your assets Generally it is sensible so as to safeguard any hard-earned possessions as best as possible. In case you own an assortment of properties like your family home, shares, various other investments vehicles or investment residential properties, it is possible to secure those inside trust.

For entrepreneur, there can be a sudden change in fortune for instance if providers, customers or external financial situations change detrimentally. If someone has offered security for funding from a financial institution or various other lending institution that could put lots of financial investments at risk particularly your residence.

These may be secured against charges on your individual situation or lenders if those assets are owned by your family trust. A well composed trust document must provide security to all properties you decide to place into the family trust.

Family trusts and matrimonial property A new spouse is probably going to be able to make some claim on their relationship assets so a few people try to shield their legacy to pass onto the natural heirs through establishing a family trust. The courts are alert to actions like this so people need to speak to their trust solicitor prior to taking any action like this.

Holding onto traditional family properties An usual circumstance that occues is if a family owns a substantial asset they want keep it in one piece in lieu of sharing the legacy among heirs. This could be a valuable piece of art or a large land-holding.

Quite frequently lawyers will hear about arguments between relatives about which person is qualified to acquire specific properties. If that property has been put into Trust to ensure that no single person has that property, those issues will be avoided.

Earnings in properties held in family trusts may be distributed among Trustees as well as named beneficiaries. That is a typical strategy.

A well-established family trust must be able to safeguard the property to the advantage of the household and without disagreement too.

Developing trust — last ideas Your initial move by anybody considering creating a family trust ought to be to consult an Auckland trust lawyer because this has become an intricate area of NZ law which requires expert execution so as to provide any desired level of possession protection.

If people adhere to that single thought about talking with a professional family trust law firm, you will have the ability to protect your properties appropriately. Visit here extra detail see this

How You Can Find The Best Criminal Appeal Lawyer

How You Can Find The Best Criminal Appeal Lawyer

If you are being summoned to legal court for a criminal the court case, then you are going to find this an quite stressful and upsetting expertise and rightly so. This is something just take not only take lots of time and effort (and expense) but it’s also something that can have poor consequences if it fails – of course giving a your ending up jail or fined for a lot of money. Whether you are guilty there is always a chance that your prized case could have an awful outcome which is why would you it’s so important to ensure you get the help you’ll be able to.

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Finally, any employers who conduct a criminal background check will see the page with the flag rrn opposition to your name, but certainly the details of the truth – and it’s a regular procedure now to turn this check on your criminal background before offering you doable. Employers will often not hassle querying the facts inside case when they visit report, and you will not likely get a chance to explain that your vindictive ex girlfriend filed a bogus constraint order abuse allegation as a way to win custody of your kids.

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Lawyers, like doctors today, happen to be specialized in different regarding the law. There are criminal, civil, corporate and / or family lawyers. These kinds of products further specialize in better areas of legal concerns. So first of all when looking to have good lawyer, you should know what you need the lawyer for. If ones own landlord is suing you, you dont need a criminal or corporate professional. Similarly you won’t need them if husband or wife wants a divorce. So depending on your distinctive requirements, you will look for a lawyer who specialises at handling the type at cases that you experiencing.

Divorce Lawyers In Dubai

Divorce Lawyers In Dubai

One of the most established lawyers in Dubai are the James Berry & Associates. James Berry & Associates is the number one firm for divorce lawyers in Dubai.

The divorce lawyers specialise in matters where issues occur out of family relationships. Our lawyers are skilled and qualified in the UK and have over ten years experience in Family cases involving international aspects in a number of countries, specifically, those family proceedings in the jurisdiction of England & Wales where there is a Dubai connection.

Though our family lawyers are English and do not have Rights of Audience before the Dubai Court, they work in close alliance with local Sharia Advocates, instructing them on behalf of clients, both Muslim and Non-Muslim of different nationalities in cases before the Dubai Court. Our divorce lawyers have vast experience of the global elements of family law, including Sharia.

Our family lawyers counsel on problems in respect of kids including adoption, jointly owned property, relationship breakdown, divorce in the UAE and in other nations. For the expatriate community in particular the international aspects of such issues have the potential to needlessly increase both anxiety and legal costs. An experienced family lawyer well versed in international private law, with the expertise to not just litigate in the appropriate forum but to also utilise Collaborative Law principles and offer Mediation as an alternative to litigation can only be of benefit to those unlucky to find themselves involved in family legal issues here or back in their home nation.

Most often asked questions to our divorce lawyers at James Berry & Associates:

1. Do I have to divorce where I got married?
2. Where will I live?
3. What about the kids?
4. Do I need a divorce lawyer?
5. How long would it take and how much will it cost?
6. I want a separation, is this possible?
7. Am I entitled to maintenance?
8. As an expat / expatriate could I apply the law of my home country?
9. Could I obtain a travel ban?
10. Do I have to be Muslim to divorce in Dubai?