GEORGE Brandis oversimplifies by saying sharia wills are compatible with testamentary freedom ("Brandis defends sharia for wills", 31/3-1/4). They are not. Australian law prohibits gender discrimination while sharia law encourages it.
If Australian law is supreme, then all wills must comply. Of course, Australians have a degree of testamentary freedom, but always subject to Australian law.
Anyone can leave unequal shares without expressly stating the reason. But when Australian lawyers, who have ethical obligations, advertise and deliver sharia wills that are necessarily based on gender discrimination, and therefore unlike other wills, there are big future problems. [The Australian] Read more
