Experiences of the Australian Bangladeshi Muslim Community in Family Dispute Resolution

The Bangladeshi Muslim community has a very short history of migration and settlement in Australia, and hence tends to blend into the woodwork, as a silent portion of larger migrant groups, such as the Muslim community and the ‘culturally and linguistically diverse’ (CALD) community. These more vocal voices tend to speak on behalf of Bengali Muslims, and the unique Bengali Muslim identity becomes lost in the chorus. This is certainly the case in family dispute resolution. It is undeniable that crucial research on both the barriers that the CALD community faces in accessing mainstream family dispute resolution services, and on the family law and dispute resolution practices of the Australian Muslim community, relate to Bengali Muslims to some degree. However, it cannot provide a complete picture of Bengali Muslim needs, values and practices. Do they follow the same Islamic family law principles in resolving disputes as all other Muslims? Do they face the exact same barriers as all the other ethnic minorities? Or, is it reasonable to assume that their unique identity tells a different story? In an effort to tell this story, this study will take a twofold approach. Firstly, it is proposed that the CALD community is not a homogenous entity, but is composed of numerous cultural and religious groups, of which the Bangladeshi Muslim community is only one. Hence, the barriers faced by the Bangladeshi Muslim community in accessing mainstream family dispute resolution are distinct to their identity. Secondly, it is proposed that the Australian Muslim community, although religiously connected, is composed of many different cultural groups, of which the Bangladeshi Muslim community is just one. Therefore, the way this community adopts and engages with Islamic family dispute resolution processes is also distinct to its identity