Sharia law at work in Australia

The findings on polygamy were confirmed yesterday by Islamic community leader Kuranda Seyit. His personal view was "one wife is enough". But a small minority of Muslim men were taking second wives in ways that breached family law and their Islamic obligations.

"A second wife is permitted under Islam, but it is very difficult and there must be absolutely equal treatment of both wives," said Mr Seyit, who is director of the Forum on Australia's Islamic Relations. He was aware of a very small number of "exploitative" arrangements in which men were taking much younger second wives and not complying with the sharia requirement of equal treatment.

"It's definitely a minority, but unfortunately is does exist and I think it comes down to the standard of living that Australia affords many men who normally would not be able to afford such a situation," Mr Seyit said. In their article, associate professor Sadiq and Ms Black note that research on Islamic marriage found in 2008 that 90 per cent of Muslims did not want to change Australian law.

They write that many Muslims support the protection of human rights and had come to Australia because of practices such as genital mutilation and honour killings in countries ruled by unreformed versions of sharia. However, they suggest there should be "tweaking" of family law to take account of sharia.

They suggest that the Family Law Act could be changed to ensure that when courts make parenting orders Muslim children are given similar rights to those enjoyed by indigenous children. This would require courts to consider they have a right to enjoy their own culture and the culture of people who share their culture.

Federal Attorney-General Robert McClelland said if there was ever any inconsistency between cultural values and the rule of law "then Australian law wins out". "There is only one law that's applicable in Australia - that's Australian law based on our common law tradition," he said. "Our constitutional founders included a provision against the state endorsing or prescribing any religion or religious practice."

He said the Family Law Act included specific provision for courts to consider, among other factors, an individual's lifestyle and background culture and traditions. "The government believes these provisions to be adequate," Mr McClelland said.