Overseas Muslim marriages and Australian law

Two cases involving purported marriages under Islamic law, entered into overseas by Australian residents, have received recent press coverage. The decisions of the courts involved seem to be clearly correct, and they helpfully illustrate some important principles of Australian law. A person whose home is Australia cannot legally travel outside this country and enter into a valid marriage with a minor, or enter into a second marriage when already lawfully married under Australian law. While Australian law generally supports religious freedom, the interests of children and women are legitimately seen to over-ride the religious freedom to enter into underage or polygamous marriages.

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