Bringing Sharia to Australia

[mmurray]

http://www.smh.com.au/national/musli...0307-pqlo.html

Of course we are not talking about the penal system (yet) but it does say:

Dr Matthews said a clash occurred in some custody matters. ''Under sharia law, if a couple divorce and the mother remarries, her former husband has the right to decide whether the children will live with the new husband or not,'' Dr Matthews said.

''There is still a preference for the child to go with the mother, but the father has the ultimate decision.

''This does not exist in Australian law but I do not believe it clashes fundamentally with Australian values or the Australian legal system.''

I thought that the Australian system of custody was predicated on doing what was best for the child. How can this not be a clash?

Michael

[Peter A]

They dare to call this (Sharia) a 'justice' system? Sharia Law is absolutely disgusting, it should never - ever - be allowed in this, or any other, civilised country! EVER!!!!!!!!!!!

[atheist_angel]

Dr Matthews said a clash occurred in some custody matters. ''Under sharia law, if a couple divorce and the mother remarries, her former husband has the right to decide whether the children will live with the new husband or not,'' Dr Matthews said.

That's just sexist! Many people that immigrate to America from these areas, say they came to get away from laws like these. The laws were oppressive and the people enforcing them were corrupt. Australia has immigrants too and they should be protected. If a few people want sharia law, they should try move somewhere that already has it. But they won't because they want to have their cake and eat it, too. They can keep their cake in Malaysia! We see how well it's working out for them. (NOT!)

[NakedApe]

Here's an example of the way sharia courts operate in the UK:

http://www.timesonline.co.uk/tol/com...cle4749183.ece

There are concerns that women who agree to go to tribunal courts are getting worse deals because Islamic law favours men.
Siddiqi said that in a recent inheritance dispute handled by the court in Nuneaton, the estate of a Midlands man was divided between three daughters and two sons.
The judges on the panel gave the sons twice as much as the daughters, in accordance with sharia. Had the family gone to a normal British court, the daughters would have got equal amounts.

I don't think sharia courts will ever operate in Australia - we're not as infatuated with cultural relativism here as they are over in Europe, and there's a lot of opposition from Australian muslims as well:

http://www.theage.com.au/national/is...1018-h2x9.html

Islamic Women's Welfare Council of Victoria director Joumanah El Matrah said research showed women and children would be ''extremely disadvantaged'' by any sort of sharia court.
''It's grossly naive to say women can opt out from such a tribunal. Women are often not in a position to make this sort of decision.''
She said examples from Britain showed women not only felt pressured, they became caught between the tribunal and the laws of the state. ''There's no sound argument to establish such a tribunal. Muslims are bound to live by the laws of the state they are members of. They can't opt in and out, according to their convenience.''

[Atrax Robustus]

Bumping an ol thread.

This article provides some refreshing observations on the "Sharia in Australia" discussion.

Sharia: Why a dual legal system will not work in Australia

It is not disputed that a complete Islamic way of life requires a clear and firm legal foundation but in the post-modern era in which life is enormously fragmentary and people are beholden to multiple identities, being a Muslim has many meanings.

A monolithic Islam, as it once was, does not exist anymore.

The reality of Muslim life in Australia reveals a selective implementation of Islamic teaching and values, and a close conformity to Australian secular system through open participation in key institutions and social processes. If this is the Muslim reality, calling for a dual legal system through the formalisation of sharia is simply unrealistic.

[the_gelf]

Anything that takes liberties away from one person and gives it to another (in this case, the liberty to make a decision), in place of an unbiased nonsecular law system, is not a facet of sharia (or any brand of chauvinism) law I would wish to see propagated throughout australia.

[TheOneThatWasntChosen]

Shouldn't we be aiming to be more secularised if anything?

[DanDare]

A society cannot have multiple legal systems for common law. How is one meant to know which law applies in any situation?

The government is entrusted to maintain a single common law that applies equally to all citizens. If some group wants their own club law, fine, but it cannot overrule common law and cannot be applied to people who do not accept it.

That goes for the Catholic church and its cannon law and for aborigines and their tribal laws too. They are laws of willing groups but they cannot override common law or be exempt from it.