The Response of Australian Family Law to Islamic Community Processes

Abstract

The question of whether the Australian legal system should recognise Islamic family law processes has attracted increasing debate in recent years, reflecting similar developments in other countries. Underpinning opposition to legal recognition are concerns that such processes disadvantage Muslim women. Despite these claims, little is presently known about the impact of these processes or about the experiences of Muslim women who use them. This project, which combines expertise in law and religion and family law, aims to provide the first detailed empirical and normative examination of this question in Australia, offering a unique evidence base to inform future policy developments.