Understanding Sharia Processes

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com Sharia family law processes have attracted increasing debate and controversy in the United Kingdom, Canada and Australia in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes. This book studies women’s experiences with these processes in Australia, with attention to the question of how religious communities and liberal legal systems can best respond to the needs of Muslim women who use these processes. In doing so, the book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, the book makes a significant contribution to the international discussion and response to sharia processes

Understanding Sharia Processes

This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com Sharia family law processes have attracted increasing debate and controversy in the United Kingdom, Canada and Australia in recent years. While the reasons for opposition to sharia processes are complex, they often feature the concern that sharia processes disadvantage Muslim women. However, to date there has been inadequate attention to the experiences of participants in sharia processes. This book studies women’s experiences with these processes in Australia, with attention to the question of how religious communities and liberal legal systems can best respond to the needs of Muslim women who use these processes. In doing so, the book offers unique evidence to inform future policy developments in Australia that will also have implications for other liberal jurisdictions. In this way, the book makes a significant contribution to the international discussion and response to sharia processes

Vesting powers in officiants : reforming weddings law in England and Wales; lessons from Australia’s Muslim communities

Drawing on new and original qualitative empirical data, this article explores Muslim marriage practices in Australia, which has a celebrant-based system of marriage and de facto couple recognition in family law. Specifically, it investigates the impact of this dual framework on the manifestation and prevalence of religious-only (nikah) weddings. The findings are used to assess the likely impact of the Law Commission’s recommendations for weddings law reform in England and Wales, in particular the shift from the regulation of buildings to the regulation of wedding ‘officiants’. It suggests that an officiant-based system will have a positive impact on those who wish to marry legally, removing the double burden of organising separate religious and civil weddings and increasing the prevalence of legally binding marriages occurring in Muslim communities. It further shows that imam-celebrants may be more integrated into the state legal formalities for marriage in their dual roles, taking each seriously but adhering to their legal duties if in conflict. However, the findings acknowledge that reforms to weddings law will not wholly resolve the issue, as many couples will continue to voluntarily enter non-legally binding marriages. Such couples are protected by their de facto relationship status in Australia but will remain unprotected in England and Wales in light of the government’s recent rejection of cohabitation law reform

Islamophobia in Australia 2014-2016

This report focuses on the critical analysis of Islamophobia and its various manifestations in Australia since 2014. Leaving aside terminology and historical Islamophobia within Western (e.g. Orientalism, colonialism, neo-conservatism) and Australian (e.g. dispossession of Indigenous Australians and racism towards different ethnic groups) settings, this report documents and analyses the present manifestations of Islamophobia. Grounded within a theoretical and empirical framework, the report explores the individual and institutional aspects of Islamophobia and the relationships between the two. While analysing diverse manifestations, the report does not claim to capture all forms of Islamophobia inclusively. The report is organised in two sections. Section I describes the theological, political and cultural aspects of Islamophobia as reflected in various institutions. Section I also examines the interplay of Islamophobia within the religious plane, the political sphere, media reporting of Islam and Muslims, right-wing organisations and in the field of criminology. Section II presents and analyses data gathered via the Islamophobia Register Australia reflecting Australian Muslims’ Islamophobic experiences. The report captures and critically analyses 243 verified incidents reported between September 2014 and December 2015. While these incidents do not reflect all local experiences of Islamophobia in Australia, they shed light on many aspects of its manifestations, nuances and complexities. The report findings signify the circumstances under which anti-Muslim hate incidents exist, operate and affect Australian Muslims, and illustrate specific characteristics of Islamophobia