From 2010 but worth the read! Legal recognition of Sharia law: Is this the right direction for Australian family matters? A new direction for a pluralistic nation? Australia is marked by pluralism - cultural, religious and ethnic. Yet, our legal system is not pluralistic. Apart from some concessions to the Indigenous peoples of this country, we abide by the one law for all mantra. Both sides of politics have rejected a separate stream of law for specific religious or ethnic communities on the basis that Australia is a secular nation. Freedom of religion and worship is protected, but religion is to play no part in the formal legal system. Australias former treasurer, Peter Costello (2006), argued, there is one law we are all expected to abide by. It is the law enacted by the Parliament under the Australian Constitution. If you cant accept that then you dont accept the fundamentals of what Australia is and what it stands for (para. 44). This year, Attorney-General Robert McCelland confirmed that the Rudd government is not considering and will not consider the introduction of any part of Sharia law into the Australian legal system (Zwartz, 2009). Research undertaken by Dunn (2005) and Poynting, Noble, Tabar, and Collins (2004) indicates that there is a high level of apprehension among the general population about Muslims in our suburbs, which gives support to the contention that the majority of Australians accept and endorse the one law for all approach. However, this position does raise challenges for Australian Muslims for whom adherence to their religious law - the Sharia1 - is an Islamic obligation and not a matter of personal preference, particularly in regard to family matters. The issue of whether Australia should give formal legal recognition to Sharia law in resolving family law disputes involving Muslims will be canvassed in this paper. The case for and against such recognition is outlined. Debate on this issue has gained currency across common law jurisdictions due to several recent events. One was the legal recognition given to Islamic arbitration in the province of Ontario, Canada, in 2004. Although the enabling sections of the Arbitration Act were subsequently repealed, it did ignite the possibility that within a common law system there could be faith-based dispute resolution for family law and other legal matters. The second event was the Archbishop of Canterburys address to the Royal Courts of Justice (Williams, 2008), in which he promoted the concept of Britain becoming a plural jurisdiction by accommodating aspects of Sharia law. Although this speech provoked opposition from some other members of Britains legal, political and religious communities (including some Muslim groups), the Lord Chief Justice of Britain came to the Archbishops defence by also supporting alternative dispute resolution using Sharia principles. Whether this is the right direction for Australia or whether we should retain the status quo needs consideration and debate. This paper examines arguments that have been raised for and against the official recognition of Sharia law and finds that, on balance, the status quo should prevail. Read more>aifs.gov.au/institute/pubs/fm2010/fm84/fm84h.html
Posted on: Thu, 13 Nov 2014 01:36:43 +0000
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