35 U. Tas. L. Rev. 148 (2016)
Accommodating Muslims under Common Law

handle is hein.journals/utasman35 and id is 328 raw text is: 











Accommodating Muslims under Common Law


Salim  Farrar  and  Ghena   Krayem

Routledge,   2016, ISBN:   9781315867618



As  a multicultural society, Australia has long grappled with the issue of
accommodating various cultural,   religious and  ethnic groups  within its
legal system.' The  most  contemporary  of Australia's struggles has been
the  accommodation   of  Islam. With  the current refugee  crisis and the
steady  increase in immigration  in the  last decade,2 accommodation   of
Muslims  has  become  a pertinent issue in Australia and around the world.
Accommodating Muslims under Common Law explores this issue in four
western  common law jurisdictions: Australia, Canada, England and
Wales,  and  the United  States. In analysing the spheres  of family law,
criminal law  and business law within  these four jurisdictions, Farrar and
Krayem's   work  is the first to take both a multi-disciplinary and a multi-
jurisdictional approach.3 Accordingly,  Accommodating Muslims under
Common Law fills a gap in the literature which has only examined
discrete disciplines or jurisdictions. In taking such an approach, analysis
from Accommodating Muslims Under Common Law is applicable to other
common   law jurisdictions in addition to the four jurisdictions discussed.

Accommodating Muslims under Common Law provides a concise
overview   of the Muslim   communities   in the four jurisdictions before
analysing  the misconceptions   of Islam  and how   these misconceptions
impact  on the accommodation   of Muslims.  This overview  contextualises
the law in the following Chapters and makes  the book more  accessible, as
readers may  be unfamiliar with the nuances  of such a complicated  topic.

    This includes grappling with culture, religion and ethnicity arising from immigration
    and multicultural policies, as well as with the increased recognition of Aboriginal
    customs and traditions in the late 20th century which has resulted in a separate body of
    jurisprudence pertaining to Aboriginal persons. See, eg, Australian Law Reform
    Commission, Multiculturalism and the Law, Report No 57 (1992); Mabo v Queensland
    (No. 2) (1992) 175 CLR 1; Native Title Act 1993 (Cth).
2   Department of Immigration and Border Protection, 2015-16 Migration Programme
   Report (2016) 3.
3  For example, previous works have examined family law and commercial law
    discretely. See, eg, Elisa Giunchi, Muslim Family Law in Western Courts (Routledge,
    2014); Julie Macfarlane, Islamic Divorce in North America: A Shari'a Path in a
    Secular Society (Oxford University Press, 2012); Elisa Muhammad Yusuf Saleem,
    Islamic Commercial Law (Wiley Finance, 2012). Other works have examined Muslims
    in discrete jurisdictions. See, eg, Samina Yasmeen, Muslims in Australia: The
    Dynamics of Exclusion and Inclusion (Melbourne University Press, 2010); Ilyas Ba-
    Yunus and Kassim Kone, Muslims in the United States (Greenwood Press, 2006); Peter
    Hopkins and Richard Gale, Muslims in Britain (Edinburgh University Press, 2009).
4   Salim Farrar and Ghena Krayem, Accommodating Muslims under Common Law
    (Routledge, 2016) 2.

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