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www.sharmwomen.com • View topic - Western converted wife's rights
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 Post subject: Western converted wife's rights
PostPosted: Mon Mar 19, 2007 11:04 am 
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 Post subject: Re: Western converted wife's rights
PostPosted: Mon Mar 19, 2007 5:45 pm 
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PostPosted: Wed Mar 21, 2007 1:58 pm 
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According to Islam, and consequently family law, if the late husband had no kids, then the wife deserves 1/4 of her late husband?s fortune. If the husband had kids, then the wife deserves 1/8 of his fortune, after deducting values of the will he left if any, and debts value if any.

Concerning the rest of family, it is a VERY complicated issue, and therefore each case is different according to the quantity of heirs, gender of kids, and many other aspects. I'll answer every case individually.

Concerning the common bank account, I will check with some friends in HSBC and get back to you in this point.

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 Post subject: Part of official documents, written by a Lawyer.
PostPosted: Wed Apr 18, 2007 9:13 am 
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IT IS A BIT TO READ BUT HAVE A LOOK, HAVE AN IDEA. THESE ARE PARTS OF AN OFFICIAL AND PROTECTED BY COPYRIGHT DOCUMENT.

8) Matrimonial regime and economic relations
A) Islamic norms
In Islamic law, the legal regime is the separation of goods. This means that every spouse keeps the property of his possessions acquired before or during the marriage. This system penalizes the woman if she remains at home, takes care of the household and children. As this work is not being remunerated, she leaves the marriage only with the resources that she had before the marriage. As for the husband, he keeps everything that he owned before the marriage and everything he gained during the marriage by his lucrative activities. This inequality is particularly flagrant as the husband can forbid his wife to work. It has to be added that a divorced wife has the right of maintenance for only a limited period, variable according to the country between a few months and up to two years.
To remedy the woman's precarious economic situation, Islamic law foresees an obligatory payment of a dower on behalf of the husband to his wife. One part of this dower is generally paid before marriage, and the remainder at the time of divorce. If the divorce is attributable to the wife's torts, she loses the right to the remainder of the dower. On the other hand, to be freed from her husband, she may be obliged to give up the remainder of the dower and to repay him what she already received. The dower can be a symbolic amount only, aimed not to overwhelm the husband. However, it may constitute an important amount to assure the economic future of a divorced wife. This dower is in principle the woman's exclusive property, but sometimes her parents take it .

9) Inheritance law
A) Islamic norms
Islamic law includes some discriminatory norms against women in inheritance matters. This discrimination is based on the Koran that bestows to sons double of what is given to girls (4:11) and to the husband double of what his wife inherits (4:12-13). This discrimination is explained by the fact that men had more duties than women . These justifications are unacceptable, particularly when women provide for all the needs of their families.
Islamic law also includes some discriminatory norms because of religious adherence. Thus, a Muslim that apostatizes can inherit from no one, and his succession is opened during his life, notably if he abandons his country to escape suits. Muslim heirs alone can inherit from him. If he returns to Islam, he recovers his possessions . On the other hand, a Muslim cannot inherit from a Christian and vice versa. Thus, if a non-Muslim wife marries a Muslim and has children (necessarily Muslim according to the Islamic law) she cannot inherit from her husband or her children. On the other hand, Muslim children cannot inherit from their non-Muslim mother. If a Christian becomes Muslim, only his children who convert to Islam can inherit. To circumvent this rule, one should constitute a bequest to competition of a third of the succession in favour of the heir deprived of the inheritance for reason of religious difference. Islamic norms concerning succession incite non-Muslim wives married to Muslims to convert (in pretence) in order not to lose their share in their husband's inheritance and so that their children (in general Muslim) are not excluded from their own inheritance.

Appendix: Model contract for mixed marriage
1. Celebration of the marriage
After due consideration, the undersigned
Mr............... Born on ...............
Nationality............... Religion...............
Civil status (single, divorced, widowed)
and
Mrs................ Born on ...............
Nationality............... Religion...............
Civil status (single, divorced, widowed)
have agreed as follows:
Their marriage shall take place
in Switzerland in the civil registry at...............
abroad (name of the country)...... before...............
The civil ceremony shall be followed by a religious ceremony (specify the ceremony).........
or
The civil ceremony shall not be followed by a religious ceremony.
Their common domicile will be (name the country)...............
The wife keeps her Swiss nationality.
She will retain her family name, (or) she will adopt the family name of her husband.
2. Religious freedom of spouses
Each spouse will retain his or her current religion and undertakes to respect the freedom of religion and worship of the other spouse, including the right to change religion.
Each of the spouses undertakes to refrain from imposing his or her own dietary norms upon the other.
3. Fidelity and monogamy
The husband and the wife owe each other support and fidelity. Each of them attests that he or she is not married to another person at the time of entering into the present marriage. Each of them undertakes not to marry another person for so long as the present marriage continues. In case of a false attestation or violation of this undertaking by either spouse, the other spouse shall have the right to apply for a divorce on this ground.
4. Children
The husband and the wife affirm that they have submitted to premarital examinations and have informed each other of the results of these examinations.
The children's religion will be...............
They will be educated in this religion. They will have the benefit of religious freedom when they attain the age of sixteen years, including the right to change religion, without constraint on the part of either parent or of their respective families, in conformity with article ..., paragraph ... of the (country) Civil Code.
The children will bear European, Christian, Muslim, Arabic, neutral first names. The choice of the first name will be made by agreement between the two parents (any mutually acceptable first names of boys or girls may be mentioned here: ............).
Each of the children will be baptised at the age of...............
The children will be free to choose to be circumcised or excised when they attain the age of eighteen years, if they so desire.
The children will be educated in public, Muslim, Christian, Jewish schools.
Each of the children will be included on his or her mother's passport.
The Muslim spouse will not oppose any marriage of his or her daughters with a non-Muslim.
5. Economic relations
Each of the spouses shall contribute on the basis of equality, each according to his or her respective means, to the expenses of the household and to the education of the children. They shall jointly decide all matters affecting the couple.
Their matrimonial property rights shall be governed by (country) law. The spouses hereby opt for the (please name the chosen matrimonial property relationship)...............
6. Sartorial norms, work and travel
The husband and the wife each undertake not to impose Islamic norms concerning clothing, social life, or education (including physical education), upon one another or upon their children,.
The wife will determine her own occupational activities. She shall not require the husband's authorization in order to travel or to obtain transportation tickets and identity documents for herself and for her children.
7. Dissolution of the marriage
The husband and the wife undertake to resolve their differences amicably. In the event that either spouse should wish to terminate the marriage, he/she undertakes to initiate judicial proceedings and not to resort to repudiation.
If the husband or both of the spouses are resident in a jurisdiction which allows the husband to repudiate his wife, the husband hereby accords his wife the right to repudiate him under the same conditions.
In case of divorce, the custody of any children of the marriage will be determined according to Swiss law and by order of a Swiss court. If children are assigned to the mother, the father undertakes to respect that decision and not to take them away from her, whatever is their place of residence. In case of the death of either spouse, custody of the children will be held by the surviving spouse.
The distribution of assets and payment of any maintenance between the spouses will be determined according to (country) law, even if the husband or both of the spouses reside in a Muslim country.
Assets acquired during the marriage by one or other of the spouses shall be considered as common property of the two spouses and shall be shared equally, unless the two spouses have decided otherwise.
8. Inheritance
The husband and the wife hereby choose (country) law to govern their successions. They reject any restriction upon the right to inherit which is based on religion or sex. For the event that the succession is administered abroad, partially or completely, and that the relevant foreign legal system prevents the application of (country) law, each of the spouses hereby makes an advance testamentary allocation to the surviving spouse of one third of his net estate after satisfaction of all matrimonial property rights and obligations.
9. Death and funeral ceremony
The spouses have reached the following agreement concerning their funerals: burial in a secular cemetery, burial in a religious cemetery, repatriation of mortal remains to the country of origin, cremation, etc.
10. Modification of the present contract
The husband and the wife each commit themselves to respect the terms of this contract in good faith. The present contract cannot be modified other than with the free consent of the two spouses, given before a notary.
Name of the husband
His signature place and date.................
Name of the wife
Her signature place and date.................
Name and address of the 1st witness
Signature place and date.................
Name and address of the 2nd witness
Signature place and date.................
Name and address of the notary
Signature place and date.................
P.S.: In the event that the spouses decide to proceed with a Muslim religious ceremony after the civil ceremony or to conclude a religious or consular marriage abroad, it will be indispensable to expressly mention in the document which evidences that ceremony or marriage:
? that this premarital contract signed by the two spouses before a notary is an integral part of their agreement to marry, and
? that in case of any discrepancy between the two, the present contract shall have priority over the document executed by the religious or consular authority.


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