ABSTRACT

In Sydney the observance of Islamic law remains an important issue in the formation and dissolution of Lebanese Muslim immigrant families. For most of these families marriage and divorce are religiously and ritually legitimised by Islamic law and Islamic clerics. This is despite the legal primacy of Australian civil law and the very limited legal authority of Islamic clergy in matters of personal status in Australian law. In Lebanese Muslim families conflicts arise over which law, Australian family law or Islamic law, takes precedence. In marriage this involves the issues of minimum marriable age, religious authority of sheikhs to perform marriages, and the inclusion of a bridewealth clause in marriage contracts. In addition the practice of religion in Lebanon is a highly politicised matter, not only defining political and legal rights but also the question of identity. The attempt to reconstitute traditional family relations is a collective response to the uncertainties of their class and cultural position in Australian society.