Islamic inheritance in Australia and family provision law: are Sharia wills valid?

被引:3
|
作者
Voyce, Malcolm [1 ]
机构
[1] Macquarie Univ, Sch Law, Fac Arts, Sydney, NSW, Australia
来源
关键词
Islamic law; Inheritance; Family provision; Legal services;
D O I
10.1007/s11562-018-0417-y
中图分类号
B9 [宗教];
学科分类号
010107 ;
摘要
This article explains the context of Islamic inheritance and the distinctive nature of what is called in a preliminary sense as 'Muslim intergenerational property'. The article suggests that a wider view of inheritance should be taken on the basis that inheritance is an intergenerational process that, in the case of Muslims, incorporates religious notions. Secondly, the article describes family provision law and the particular nature of the English transplant of inheritance law into Australia. Thirdly, the article describes the nature of legal services provided to Islamic families and the drafting of Sharia wills. Fourthly, in the light of the law under the State and Federal family provision legislation, the article considers the validity of Islamic wills.
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页码:251 / 266
页数:16
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