Navigating Dual Legal Systems: Islamic Inheritance Law in Australia's Secular Legal Framework

Navigating Dual Legal Systems: Islamic Inheritance Law in Australia's Secular Legal Framework

This article explains the distinctive nature of Islamic inheritance law and considers the extent to which Muslim residents in Australia can assimilate their faith-based obligations with their country-based obligations in matters of inheritance. The article identifies conflict in the Islamic and Australian intestacy rules and sets out three ways that Muslims can manage this conflict. The article considers the scope for, and feasibility of, the execution of Islamic wills in Australia to demonstrate how they assist Muslims to comply with their religious inheritance obligations. While there is no manifest inadequacy in the current legal framework that impedes Muslims from maintaining an Islamic inheritance, the article establishes two instances where Muslims remain at a disadvantage and adds to calls for reform in the area of family provision.

Thompson, Brooke

The University of Queensland Law Journal; Vol. 41 No. 1 (2022): The University of Queensland Law Journal; 89-126

1839-289X

0083-4041

The University of Queensland School of Law

2022-05-02

Copyright (c) 2022 The University of Queensland Law Journal

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Peer-reviewed Article