USQ Law Society Law Review
Bonifacio Arribas
Winter 2022
A COMPARISON OF INTERSTATE SUCCESSION LAW IN ISLAMIC AND QUEENSLAND (AUSTRALIA) STATE JURISDICTIONS BONIFACIO ARRIBAS1 ACKNOWLEDGEMENT A heartfelt ‘thank you’ to Dr Jeremy Patrick who teaches Law and Religion at the University of Southern Queensland. His expertise and professional approach to this often misunderstood yet important subject in this day and age enables students to look at topics in an impartial and tolerant manner. On a personal level, Dr Patrick has allowed me to self-reflect and grow in my spiritual path equipped with an inquisitive and knowledge questing eye. What a journey it has been. This paper was originally submitted in partial fulfilment to successfully complete Dr Patrick’s Law and Religion course. There have only been minor amendments to the original and I thank him for permitting me to have this work published. I look forward to working with Dr Patrick on any future academic projects should opportunities arise.
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INTRODUCTION
Is it possible for religious law to be assimilated into Queensland State law? Specifically, can distribution of inheritance from intestate estates traditionally practiced by those who adhere to Islamic intestate succession be applied in Queensland by Muslims? This paper will explore differences and similarities of Intestate Succession Law between Islamic Jurisprudence and the Civil Jurisdiction of Queensland (Australia). The first two sections will discuss the jurisdictional basis of Islamic and Queensland Intestate Succession Law. Specifically, Section One will be on Sharia, or the religious law prescribed in the religion of Islam and the primary sources from where it is derived. Section Two will be on the main law governing Intestate Succession in Queensland, the Succession Act 1981 (Qld), and what specific laws therewith applies to Intestate Succession. Next, a comparison outlining the similarities and differences between the two jurisdictions will include issues on heirs, beneficiaries, and distribution of assets of the person who died intestate. The observations from these comparisons will allow for a deliberation on the likelihood or unlikelihood of these two jurisdictional approaches being practiced in accord with each other. Concluding remarks will then summarise the findings of this comparative study.
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This paper was originally submitted as assessment for the subject LAW3482 Law and Religion.
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