ISS 16 Islamic Family Law in Australia
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To Recognise Or Not To Recognise
Detailed analysis of the the findings of the first empirical study exploring how Australian Muslims resolve their family law.
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.
About the author
Dr Ghena Krayem is a lecturer at the Faculty of Law, University of Sydney. Since 2000, Ghena has been a legal academic teaching in the areas of constitutional law, public law and legal ethics. She has researched and published in many areas to do with Islam in Australia, particularly focusing on Muslim women and Islamic family law. Ghena is a regular commentator on the Muslim community in Australia and is also a registered Family Dispute Resolution Practitioner.