Islamic inheritance in Australia and family provision law

are Sharia wills valid?

Malcolm Voyce*

*Corresponding author for this work

Research output: Contribution to journalArticle

Abstract

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.

Original languageEnglish
Pages (from-to)251-266
Number of pages16
JournalContemporary Islam
Volume12
Issue number3
DOIs
Publication statusPublished - Oct 2018

Keywords

  • Family provision
  • Inheritance
  • Islamic law
  • Legal services

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