The Role of Muslim Religious Code of Conduct (Islamic Law or Shariah) in Child Protection Within Muslim Migrant Communities in Australia

This paper investigates and examines the role of the Muslim religious code of conduct known as Sharia or Islamic law in relation to the protection of children, in particular child neglect, within Australian Muslim communities. Australia has a secular and unified legal system. This legal system applies to all Australian citizens and residents, regardless of their religious, ethnic, or cultural background. However, it is argued here that for certain Culturally and Linguistically Diverse (CALD) communities, particularly Muslim communities, their personal, cultural, and religion code of conduct may be relevant in shaping their family relations. What this paper offers is an understanding of the possible relevance of Muslim law and culture in relation to personal law and family and community cultures of Muslim migrants in Australia. This article utilises a scoping review and doctrinal legal research methodology provide a broad overview of the existing literature, relevant legislation, limited Australian case law, and sources of Islamic law that respond, or are relevant, to child neglect in Muslim migrant communities in Australia. It is concluded that Muslim culture and religious teachings support very strong and positive family bonds, which is positive in relation to the protection of children. However, some cultural practices relating to forced marriage, child marriage, gender inequality and family violence may lead to child neglect and result in adverse effects for child protection within Muslim communities in Australia.