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Call for Islamic divorce court ~AUS

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Category: Regional
Forum Name: Asia-Pacific
Forum Discription: Asia-Pacific
Printed Date: 22 April 2018 at 3:04pm
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Topic: Call for Islamic divorce court ~AUS
Posted By: Angel
Subject: Call for Islamic divorce court ~AUS
Date Posted: 04 April 2005 at 10:24am
Call for Islamic divorce court
By Trudy Harris


A SPECIALIST Islamic court is among proposals Muslim leaders have raised with Howard Government ministers to resolve religious disputes such as divorce within Australian Muslim communities.

The imam from Sydney's largest mosque met Citizenship Minister Peter McGauran last week to raise concerns about a failure to adequately resolve religious disputes, a longstanding problem within Muslim communities.

Under Islamic law, a divorce is only recognised when a husband pronounces a talaq (I divorce you). If either party refuses the talaq, the common recourse is to a sharia court, of which there are none in Australia.

If the husband refuses to give her a religious divorce most Muslim women cannot remarry even if they have obtained a divorce through the nation's civil no-fault divorce system.

Disputes that accompany marriage breakdown such as property and custody rights can arise if one partner refuses to comply with the religious law for these issues.

Muslim Women's National Network spokeswoman Jamila Hussain said the present situation was particularly unfair for women, who were left with little power to secure a proper divorce from their husbands if they refused to co-operate.

"They cannot remarry within their own community unless they go overseas to have a (religious) judgment issued in a Muslim country, which is expensive, because there is no body or sharia court in Australia," said Ms Hussain, who has written a book on Islamic law and society.

She said a religious tribunal or court similar to one established within Jewish communities would solve the problem.

But the Howard Government is unlikely to agree to an Islamic tribunal or court that worked with the Family Court to resolve disputes.

During the meeting last week with Lebanese Muslim leaders, Senator McGauran raised concern about a sharia court system in Canada. Some women there, who have fled oppressive regimes such as that in Iran, want their religion kept separate from state.

Senator McGauran told The Australian that an alternative for Lebanese Muslims could be an agreement between the governments that meant civil divorces granted here were recognised in Lebanon, where religious divorces are made.,5942,12746354,00.html -,5942,12746 354,00.html

~ Our feet are earthbound, but our hearts and our minds have wings ~

Posted By: kim!
Date Posted: 18 April 2005 at 5:26pm

Hi, I am just watching my recording of last night's "Four Corners" episode - ( )

It mentions the case of Amina Lawal and the fact that Nigeria has 2 sets of law courts - the secular in the main cities and Sharia in the northern regions. Having 2 sets of court systems obviuosly is NOT a good idea and doesn't really work.

Now, I realise that we're only talking about divorce cases, but I guess we need much more discussion about such a topic.



Posted By: Angel
Date Posted: 21 April 2005 at 7:03pm
Originally posted by kim!

Having 2 sets of court systems obviuosly is NOT a good idea and doesn't really work.

I see you point, but it seems that after a civil court granting a divorce, the muslim couple, husband mostly, will not grant the divorce, thus still keeping it legal islamically, so the wife cannot be separated, so if there was a islamic court then the wife could be granted the divorce and then the husband would have to bound by the islamic law.


~ Our feet are earthbound, but our hearts and our minds have wings ~

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