The Shariah Law

The Shariah Law and the Australian Legal System are two law-implementing entities which vastly differ in significance, interpretation and application. A thorough understanding of each system is needed to know if it is adequate or suitable to be applied in a certain community. History would tell how the Muslims have retained their traditional lifestyle where despite of evolving into the era of massive technological breakthroughs and scientific advancements, they managed to keep their lives custom-based.

This Islamic trait could be attributed to their strong faith in the Shariah Law. Over a thousand years ago, the Muslims lived a nomadic and disoriented life in the Arabian deserts where people were divided among tribes. When the Shariah Law was brought about, the people professed their faith and submitted themselves to the doctrines of the law which transformed them into a united community. On the other hand, the Australian Legal System primarily evolves on the basis of equality as it is based on the concept of the rule of the law which is distinct in several liberated countries.

It adapts the Federal system of government wherein both the Federal Government and the states are distributed with exclusive and concurrent obligations. The main conflict or basis of difference in the application of the Shariah Law and the Australian Legal System is the cultural aspect where these systems were applied. The Arabs’ and the Muslims’ notable religious orientation has different demands with the Australians natural view on liberalism and their concept of equality for all of mankind.


Noel James Coulson, “A history of Islamic Law (Islamic Surveys)”. (Oxford: University Press, 1964). Janin Hunt and Andre Khalmeyer, “Islamic Law: The Shariah from Muhammad’s time to the present”. (Mcfarland and Co. Publishers, 2007)3-6. John Makdisi, “Formal Rationality in Islamic Law and the Common Law,” (Cleveland State Law Review, 1985-1986) 97-112. “Law & Justice. ” Australian Government. <http://www. australia. gov. au/topics/law-and-justice>.