Family Law in New York, USA

Muslim Family Lawyer  in NYC

In the name of Allah, the most Gracious the most Merciful. Thank you Allah and peace be upon our Prophet Muhammad. Dear Muslims, The Islamic concept of the family expresses a group that emerges from the union of man and woman through a marriage contract and the children that are born from it. This is why we say that a person who gets married is a free man whose freedom is hindered by a wife, children and by the consequent duties and responsibilities. Allah almighty said: “Allah has given you wives from among yourselves and has given you and your wives, sons and grandsons and He has provided you with good things. What, do they believe in vanity; do they disbelieve in the favour of Allah?” {Annahl:72}. And the Prophet Muhammed ,peace be upon him, said: "The best of you is the one who is best to his wife, and I am the best of you to my wives.”

Islamic Sharie gave great attention to the concept of family Since the first step of its birth. As it commands its followers to get married and to make marriage easy for those who seek it to guard their chastity, as the Prophet Muhammed peace be upon him said, “There are three people whom Allah will surely help.” Amongst these three, he mentioned, “a person who wants to get married to preserve his chastity.” (Sunan At-Tirmidhee: 1655)

Members of the Muslim family are interconnected in many ways. The marriage contract that binds husband and wife is called by God the Almighty, a strong covenant as he said: “How can you take it back when you have reached one another (sexually), and they have taken from you a strong covenant!” {Annisaa::2}. This marriage contract might or might not be enriched with ties of love and compassion between the couple to bring them even closer together. Then comes the tie that connects parents to their offspring.

In General, The study of family law has great importance as it is related to a person’s life in all his conditions and at every stage of his life. This means that every person in this world must prove to him some of these rights. On the other hand, he must perform his duties.

Islamic law has been concerned with a detailed statement of these rights, as well as it organized it carefully. In order to achieve the aim of his presence in this world and his remaining in it for a limited time as it mentioned in the Holy Quraan “I have not created mankind and jinn except to worship Me.” {Ath-Thariyat:56}

 

Introduction

Family law is comprehensive and is designed to regulate several areas. All issues to do with  marriage and divorce are covered. Prenuptial or rather marital agreements, relates to the contract between spouses right before marriage. There are laws that guide explicitly and governs how this should be done. Also, we have postnuptial agreements which come about during marriage. In case spouses are faced with irreconcilable differences, and there is a decision to separate, there is a procedure to be followed. The law guides on the legal action to be followed in challenging the validity of the marriage, and an annulment can result. Children are largely protected whether a marriage is functioning or at the verge of crumbling (divorce laws). Under marriage annulment, issues surrounding abortion,   children such as custody,   visitation   and   support on calculation have to be  settled. Again matters on paternity, spousal, child care and support among other related matters are prime under family law. This law provides for the   adoption process, issues considered during guardianship, elements of domestic violence  (child abuse). In a nutshell, family law governs the marriage institution in its entirety.

New York family law is not very different from other states, but there are a few differences. New York State tends to have a unique way in the manner in which its laws are structured. Such differences, for instance, include legalization of same-sex marriages which is illegal in some other states. New York is also one of the earliest states to adopt stalking law. The primary sources of law covering marital matters and children welfare in New York include the following; domestic relations law, family court Act, social service law, civil practice law, the official compilation of codes rules and regulation of the state and case law.

To settle your family matter as fast as possible, you should consult our Muslim Family Lawyer in NYC, who can build an appropriate criminal defense to spare you from any criminal prosecution.

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