TY - JOUR
T1 - Legal pluralism, family personal laws, and the rejection of Shari'a in Australia : a case of multiple or "clashing" modernities?
AU - Voyce, Malcolm
AU - Possamai, Adam
PY - 2011
Y1 - 2011
N2 - In some Western countries with Muslim minorities, there has been debate in the last few years about the role of Shari'a in the context of domestic family law. In Australia there has been a negative response to the adoption of Shari'a, as this form of law has been seen as divisive, patriarchal, and inconsistent with the notion of the rule of law. Underlying these responses to Shari'a has been the implication that Islamic law was/is backward and patriarchal whereas Western law was/is both secular and egalitarian. The aim of this article is to do three things: first, to show the extent to which matrimonial settlements by Muslims in divorce cases reflect a variety of personal practices and strategies toward Shari'a and Australian family law; second, to examine the values of Australian law and how law as a "form of practice" excludes Muslim values; and third, to situate this debate within the multiple modernity thesis and argue that, to move the matter further, we should look into working toward a new multifaith pragmatic modern project.
AB - In some Western countries with Muslim minorities, there has been debate in the last few years about the role of Shari'a in the context of domestic family law. In Australia there has been a negative response to the adoption of Shari'a, as this form of law has been seen as divisive, patriarchal, and inconsistent with the notion of the rule of law. Underlying these responses to Shari'a has been the implication that Islamic law was/is backward and patriarchal whereas Western law was/is both secular and egalitarian. The aim of this article is to do three things: first, to show the extent to which matrimonial settlements by Muslims in divorce cases reflect a variety of personal practices and strategies toward Shari'a and Australian family law; second, to examine the values of Australian law and how law as a "form of practice" excludes Muslim values; and third, to situate this debate within the multiple modernity thesis and argue that, to move the matter further, we should look into working toward a new multifaith pragmatic modern project.
KW - legal polycentricity
KW - Islamic law
KW - Islam
KW - family law
KW - Australia
UR - http://handle.uws.edu.au:8081/1959.7/525877
U2 - 10.1080/17419166.2011.617603
DO - 10.1080/17419166.2011.617603
M3 - Article
SN - 1741-9166
VL - 7
SP - 338
EP - 353
JO - Democracy and Security
JF - Democracy and Security
IS - 4
ER -