Muslim Divorce Lawyers
Get to Know Us
FAZAL MOHD BIN ABDUL KARIM
Fazal has been in practice for the last three decades. He started practice in General Litigation, dealing with a myriad of disputes such as criminal matters, landlord and tenancy, as well as family matters. For the past 23 years, he has carved a niche for himself in Insurance Law, particularly, dealing with Personal Injury and damage claims related to motor insurance, workmen compensation insurance, contractors’ all risk policies and public liability insurance.
JOINT MANAGING PARTNER
Rizuan has a practice that deals in a wide area of practice including but not limited to Civil and Criminal Litigation, Family Litigation and Syariah Divorces. He is also well versed in Muslim Estate Planning involving Nuzuriah, Hibah and Deeds of Family Arrangement.
Emerald Law formerly known as B RAO & K.S RAJAH is a firm established in 1987.
We have a dynamic pool of lawyers to assist you with your legal needs. Our Mr Fazal Karim, who has more than 35 years of experience (Partner) has also sat as a member at the Appeal Board to hear some cases. Our Mr Mohammad Rizuan (Managing Partner) and Ms Sharifah Ally (Senior Associate) have handled many Syariah and Family related matters. They are also well apt to deal not only with syariah divorce or custody related issues but cases such as those involving Grant of Certificate of Continuation by the Syariah Court to continue matters at the Family Court, Stay of Execution and Summons to Represent Persons under disability. We argue not only by stating the facts of your case, but we will argue passionately and look at other cases which may be similar in persuading the court to make an order in your favour.
We offer 2 Free Consultations and will adopt a bespoke approach to your case. We do not believe in producing ‘template’ work. You will have direct access to our lawyers.
At the point of engaging us, you will be advised on the law in regard to your case, and if there is a good chance to settle the case earlier, we will advise you to do that and save your costs and time. It will be cheaper for you (in terms of lawyer fees) and time to settle the case earlier if it is in your benefit to do so. It is our duty to look out for your interest.
We carefully tailor to the specific needs of each individual client. No two cases are alike. We take the time to learn and understand before offering any solution.
We understand that our clients come from variety of backgrounds. To ease your financial burden, we provide flexible payment schemes.
Committed To You
To provide the highest quality of service and dedication, we will even arrange meetings outside of normal office hours like weekends, to cater to your busy schedule.
Are You A Muslim And Contemplating A Divorce?
Is this the end of the road for me? After all these years of sacrifice and turmoil, this is what I get? What have I gotten myself into? Questions after questions linger in your mind and you just do not know how to answer them.
You are confused, troubled, depressed and just felt like going to the top of a hill and just scream your hearts out. Why me? Why do I have to resort to this? Again more questions of uncertainty play in your mind.
As God says it, everything is created in pairs, the rich and the poor, the king and the queen, husband and wife, etcetera. When you walk down the aisle, the presumption was it will last forever and that you have found your soulmate that you would want to spend the rest of your life with. The tribulations or the ‘test’ period, so the old folks say is the first five years of being married.
Some also say that getting married is the easy part, but staying married is the challenging one. Divorce according to Islamic perspective is very much discouraged and our Prophet Muhammad (pbuh) cautioned against senseless divorce, he said “Among lawful things, divorce is most hated by Allah.” (Abu Dawud).
Common Reasons For Divorce By Muslims
So let us take a look at some of the common issues brought up by troubled couples who are going through counselling sessions or thinking of proceeding for a divorce. A very valid reason for divorce is occurrence of immoral behaviour or un-Islamic behaviour from either of the couple.
For instance, if one of the spouse is committing adultery or fornication. Another valid reason is when either of the couple leaves Islam (apostasy). Should this happens, the marriage is considered null and void and the couple can no longer be together.
Some other reasons could be dishonesty coming from either the wife or the husband. For example, the husband told the wife prior to marriage that he did not drink (alcoholic drinks) nor does he do drugs. But after marriage, the wife found out that the husband is either an alcoholic or a drug abuser, the wife has the right to seek divorce from the husband.
Genuine Grounds For Divorce In Islam
There are other genuine cases when divorce is the only option available such as:
1. Physical, mental or emotional abuse or torture. When one of the spouses becomes abusive and causes physical, mental or emotional torture, and unwilling to change by going through therapy or counselling, then it is a valid reason for seeking divorce.
2. Failure to fulfil the objectives and purposes for which the marriage was first based upon. This can be arising from irreconcilable differences between the partners such as differences in temperaments, likes and dislikes.
3. Failure of the husband to provide. To provide means to provide food, shelter and money to the wife and children. The husband is considered as the provider and maintainer of the family, if he fails to shoulder this responsibility and should the wife decides that she can no longer tolerate his shirking of responsibility, this is also a ground for divorce.
A report by Association of Muslims Professionals:
The number of Muslim divorces fell to a five-year low last year, thanks to recent initiatives to bolster marriages within the community, although some experts warned it is too early to celebrate.
Experts attributed the dip to new initiatives aimed at strengthening marriages in the Muslim community. Madam Zaleha Ahmad who is the centre director of the Association of Muslim Professionals’ Marriage Hub said;
“Couples are now also required to go through a marriage counselling programme before they file for divorce, which may have contributed to a reduction in divorce rates, as couples are given the opportunity to reflect and really assess their decision to get a divorce”.
— extracted from The Straits Times, 11 July 2018, Pg B2: https://www.straitstimes.com/…/muslim-divorce-rates-at-5-year-low
Divorce has been generally frowned upon in Islam; it is imperative that the couple exhaust every possible means in order to avoid finalising the divorce.
As lawyers we are here to advise you and will also inform you of our fees during the discussion. Our fees are reasonable.
Engaging a lawyer is not compulsory but it is definitely helpful especially when there is a lot at stake.
As lawyers, our professional duty is to represent our clients through their divorce proceedings. We will not advise you on whether or not is it better for you to divorce. That is a decision that you will have to make on your own accord.
If you have not made up your mind or wish to save your marriage, please proceed to a counsellor or Ustaz who will be able to advise you better.
We are here to assist those whom wish to divorce or are in the midst of divorce or PPO proceedings.