Author: hgulam

Australian Islamic wills Part 2

In last months article, we started to discuss Islamic Wills in the Australian context. This article will discuss some legal considerations for Wills generally in Australia, the laws of intestacy, some key differences between an Australian Will and an Islamic Will, and benefits of an Islamic Will for Australian Muslims. Legal Considerations Shariah law is not recognised under Australian law. This poses a problem if a family member of the deceased wishes to contest the Will, as the matter may be resolved by an Australian court of law, under the Australian legal system. It is of vital importance to...

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Australian Islamic wills Part 1

Salaams all. This article is part 1 of 2 parts that will discuss Islamic wills in the Australian context. Islam is referred to in the Qur’an as not just a religion but also as a ‘deen’ or way of life. As such, it provides detailed guidance for Muslims on how to conduct their affairs in every aspect of their lives. When it comes to the hugely important matter of death, it is not surprising that Islam has placed great emphasis on the manner in which the deceased and their estate is to be treated. Even though many Muslims are...

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Tax Avoidance vs Tax Evasion: Muslim perspectives on the ethics of tax

There is a fine line between tax avoidance and tax evasion. In short, one is legal (tax avoidance) and the other illegal (tax evasion). Tax non-compliance generally describes a range of activities that are unfavorable to a state’s tax system, which include tax avoidance. Therefore, tax avoidance means to reduce taxes by legal means, whereas tax evasion refers to the criminal non-payment of tax liabilities. This short piece will also look at the Islamic view on this matter. Tax Evasion The UK Radcliffe Commission described ‘tax evasion’ as: an act in contravention of the law whereby a person who...

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Religious vilification: a test case analysis

This month’s edition of AMT I want to discuss one of the most profound legal cases in Australian Muslim legal history. That case was Catch the Fire Ministries Inc & Ors v Islamic Council of Victoria Inc [2006] VSCA 284. First, as by way of background, the introduction of the Racial and Religious Tolerance Act 2001 (Vic) (RRTA) marked a distinct shift in Victoria’s approach to racial and religious vilification. This was particularly evident in regards to religious vilification, as prior to this Act there existed no criminal or civil offence of religious vilification. The object of the RRTA...

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Private vs Public Divorce: Where does a Muslim divorce stand?

This article is about divorce in the Muslim marriage context, with regards to a recent Court of Justice of the European Union  (EUCJ) ruling. Now, a quick background check. Divorce for a Muslim marriage can be generally categorized into 4 categories. These are: (1) Talak, (2) Khuluk, (3) Taklik and (4) Fasakh). Talaq comes from the Arabic word, which means, “to release” or in this case, “to divorce”. In this divorce, the husband rejects his wife. Talaq allows the husband to apply for a divorce without having to prove that his wife has done wrong. The divorce is effected...

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