Abstract
The thesis undertakes a study of the intersection of Australian and Islamic inheritance law to answer the research question: how can resident Muslims seeking to maintain an Islamic inheritance comply with their religious obligations within the Australian legal framework?The thesis examines the research in the field of legal pluralism and considers an emerging body of research into the operation of Islamic inheritance law in Australia. To date, there is limited research around the ways that resident Muslims can choose to deal with two inheritance legal systems, being the Australian inheritance legal system and the Islamic inheritance legal system. The thesis draws on the work of Masaji Chiba, whose model of legal pluralism informs the response to the research question.The thesis considers, in turn, the following issues: first, it examines the validity of requests for further recognition of Islamic inheritance in Australia made by two Islamic organisations, to demonstrate the ambiguity in the inheritance challenges for Muslims; secondly, it comparatively analyses the Australian and Islamic inheritance legal rules to clarify the challenges for Muslims seeking to maintain an Islamic inheritance; thirdly, it examines the pluralistic Islamic inheritance law framework in operation in India as one response to the conflicts that the thesis identifies; and fourthly, it evaluates whether a model of official recognition for Islamic inheritance law would be supported in Australia, or whether there are alternative ways that the existing legal framework can be improved to allow Muslims to maximise compliance with their religious inheritance obligations.The research sets out how a strengthening of the existing singular legal framework, using established legal mechanisms and processes, could address the complexities that resident Muslims face when seeking to maintain an Islamic inheritance, and finishes with some recommendations that might assist policy-makers.
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