No role in Aust Law for Sharia to settle family issues

ATTORNEY-GENERAL Nicola Roxon has weighed in on the use of sharia by Australian Muslims to write wills, declaring there is no place for Islamic law to settle family issues.

Muslim leaders have defended the use of Islamic law in Australia, particularly in the execution of wills that favour sons over daughters, arguing that Australian courts should respect the religious wishes of Islamic citizens.

It is only if the use of sharia is challenged that the courts are able to exert Australian legal values. It is understood many Muslims informally make provisions using sharia, but there is no way of quantifying how widespread the practice is in Australia.

"There is no place for sharia law in Australian society and the government strongly rejects any proposal for its introduction, including in relation to wills and succession," Ms Roxon said.

"The Australian government is committed to protecting the right of all people to practise their religion without intimidation or harassment, but always within the framework of Australian law."

A bitter dispute between siblings came before the ACT Supreme Court in Canberra last week, when a daughter of a devout Muslim woman demanded she receive the same inheritance as her brothers.

Fatma Omari argued that Australian law, not Islamic law, should apply to her mother Mariem's will, despite it outlining her mother's wishes to follow sharia by giving her three sons full shares and her daughters half-shares of her estate. The case was complicated by the mother's questionable state of mind when the will was drafted, because she was suffering from dementia.

The government says that wills and succession are governed by state and territory law and that Muslim citizens should be aware that citizenship requires adherence to Australian law, even in planning wills.

There is concern that this message is not understood by devout members of the Muslim community.

The citizenship pledge makes clear that becoming a citizen means obeying Australian laws and upholding Australian values, the government believes.

They say because all applicants for citizenship swear a collective allegiance to the people of Australia and undertake to respect our customs and abide by our laws, it is wrong to use sharia to construct wills.

The president of the Australian Federation of Islamic Councils, Ikebal Adam Patel, said the ACT court's decision not to give sons twice the inheritance of daughters, reported in The Australian this week, could have serious ramifications in the Australian Islamic community, particularly in caring for the elderly.

Under sharia, men received more than women because they were the carers of the family, including elderly and disabled relatives, and therefore should receive a greater division of assets, Mr Patel said.