The Australian National Imams Council position on sharia in Australia may find support in the published works of NSW Governor Margaret Beazley, formerly President of the NSW Court Of Appeal

 by Ganesh Sahathevan 

The  then  Hon Justice M J Beazley AO, President Of The Court Of Appeal ,State Of NSW, Australia ,said in a speech delivered in 2014:
"...despite a perception that Islam and the Australian law are incompatible, this is not borne out by the caselaw"

Her Honour has since been appointed Governor Of NSW, and her speech remains on the NSW Supreme Court website.  The Governor is considered an expert on Sharia in Austrlalia.

Meanwhile Dr Mark Drurie noted recently:


The Australian National Imams Council (ANIC) attracted trenchant public criticism when on December 5 it released a guide on fostering, adoption and guardianship. The Islamic Position on Foster Care, Adoption and Guardianship was intended to provide Muslims with a summary of sharia requirements for these aspects of family life, and to inform foster care agencies about Islamic requirements.

In response to an ensuing barrage of criticism, the imams amended their guide to say, “It is impermissible and forbidden to circumcise girls in Islam.” However, there were thirteen other points of guidance in the statement, many of which could give cause for concern, so Michelle Landry instructed ANIC that it “must recognise that child safety and permanency is subject to Australian state and territory laws”.

On December 10, The Australian reported an “extraordinary attack” by the Australian Federation of Islamic Councils (AFIC) on the ANIC guide. The AFIC said that it would refer the ANIC document to its own National Sharia Board, which is also composed of Islamic scholars.

In essence this is a public confrontation between Islamic sharia and the laws of Australia, something which many in the Muslim community would wish to avoid, as it can only harm the Muslim community’s public standing.

In those aspects where the ANIC document most offends, the fundamental issue is not the imams or their intentions, but the fact that irreconcilable inconsistencies exist between the requirements of Islamic family law and Australian legal standards and community expectations. These inconsistencies need to be carefully noted and understood, but they cannot be resolved by denouncing the imams or the guidance they have issued. Government officials cannot expect Muslim scholars to provide religious guidance which is inconsistent with the requirements of sharia.

It should be noted that Governor Beazley's words were uttered in the context of cases which considered family law issues.  Her findings may therefore  suggest that  ANIC's document that has caused offence may in fact be in agreement with Australian legal standards. Further discussion is required, and Governor Beazley should be invited to participate in these discussions given her expertise in Sharia.

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