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.1 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. Accordingly, Accommodating Muslims under
Common Law fills a gap in the literature which has only examined
discrete disciplines or jurisdictions.4 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 201h 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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