Carlton, Victoria : Melbourne University Publishing, 2014.
Book — xvii, 263 pages ; 21 cm.
Legal pluralism and multicultural citizenship
An international context
Muslims and multiculturalism in Australia
The accommodation of Islamic family law in Australia
In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system. (source: Nielsen Book Data)
Carlton, Victoria : Melbourne University Press, 2013.
Book — 1 online resource (1 volume).
1 Ijtihad and Approaches to Renewal of Islamic Law Today: Some Reflections; 2 Marriage, Divorce and Inheritance in Islamic Law as Presented in Ibn Rushd's The Distinguished Jurist's Primer: A Summary; 3 Some Aspects of Reform in Islamic Family Law Today: Lessons from Three Countries; 4 Australian Muslim Women: Skilful Legal Negotiators in a Plural Legal World; 5 Family Dispute Resolution and Muslim Communities in Australia; 6 The Dual System of Divorce and its Implications for Muslim Women in Australia; 7 Splitting Heirs-Succession between Two Worlds: Australian Law and the Sharia.
This book is a collection of essays that aims to identify the multitude of ways in which Australian Muslim women negotiate both Australian Family Law and Islamic Family Law in the key areas of marriage, divorce, child custody, property settlement and inheritance. The book also seeks to provide a timely and significant insight into the carious legal, cultural and social processes that Australian Muslim women use when disputes in these key areas arise.