Author Topic: Muslim Law to Be Used in Some Disputes in Canada  (Read 2793 times)

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Offline TomS

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Muslim Law to Be Used in Some Disputes in Canada
« on: January 03, 2004, 11:16:07 AM »
Muslim Law to Be Used in Some Disputes in Canada

By Amran Abocar
Reuters
Saturday, January 3, 2004; Page B07

TORONTO -- Some Canadian Muslims will soon be able to use an Islamic tribunal to arbitrate civil disputes, bringing Muslim sharia law to a largely secular society and raising concerns about the extent to which it might be applied.

Canada's Islamic Institute of Civil Justice was formed in October and plans to begin arbitrating family and business disputes using Muslim personal law early this year in Ontario. Eventually, operations will be expanded across Canada.

Since arbitrators' rulings can be enforced by the courts, the development has raised concerns that sharia will in effect be endorsed by Canada's secular courts.

While Muslim leaders insist that decisions are binding only if all parties agreed to the arbitration, critics say people may be pressured to take part in the process.

"It involves inheritance, divorces and family matters, and the sharia law is a distinct disadvantage to Muslim women, and they will be pressured. There's no doubt about this," said Sheila Ayala of the Humanist Association of Canada, which advocates separating church and state.

Sharia is a code of law based primarily on the Koran as well as the teachings of the prophet Muhammad and is meant to govern all aspects of Muslim life, including prayer, fasting and even finance, in which interest payments are banned.

Individual Muslims adopt sharia to varying degrees according to personal belief, and many Muslim countries have instituted elements of sharia as law. For example, Saudi Arabia, which follows strict Islamic law, executes murderers, rapists and drug smugglers, usually by public beheading.

In Canada, where the new plan would not cover criminal offenses, objections have ranged from concerns about institutionalizing sharia to the more radical perception that women might be stoned in the streets for adultery.

For example, critics say the tribunal could decree unequal inheritance settlements for women because sharia states that a son inherits twice as much as a daughter.

But Muslim and non-Muslim experts say the worries are overblown. To complain about sharia hints at racism against a community that feels under siege after the Sept. 11, 2001, attacks, lawyers said.

"It is being sensationalized. It is part of the general hysteria that's out there since 9/11, the Talibanization of [North] America," said Irfan Syed, chairman of the Toronto-based Muslim Lawyers Association. "The mechanisms are all there for oversight, and it is unfortunate that people are . . . leaping to conclusions."

Rahim Khan, co-founder of the institute, also dismisses the concerns but, with an eye to public perception, insisted that the word "civil" be inserted into the original name, Institute of Islamic Justice.

"There should be no concern. We're dealing with Canadian civil law with minor exceptions here and there," Khan said. "Muslim personal law is accepted all over the world. Canada is a bit peculiar; we don't seem to understand it."

Khan said the organization will help ease the backlog in the civil courts and will not deal with criminal matters.

The sudden public interest -- news of the group's plans has made headlines in Canada -- has surprised some Muslims who say they have already used sharia in divorce arbitration and other disputes. The institute, with about 50 members, said it wants to formalize that process.

Ontario and other Canadian provinces have long allowed the use of arbitrators in civil disputes, whether religious or not. A similar system of dispute resolution exists in the Jewish community, where a couple obtaining a divorce from a rabbi can have it recognized by the courts. Other religious matters can be taken before rabbinical courts.

"In truly multicultural countries, this is quite common," said Ed Morgan, a law professor at the University of Toronto. "It's a legitimate way to give religious communities some autonomy within the scope of our law. The two can exist because the Canadian courts have an ultimate supervisory capacity."

The federal government has said it has "no position" on the issue, as provinces set laws on property and civil rights in their own jurisdictions as long as they do not breach the Charter of Rights and Freedoms, the country's supreme law.

But that is not enough for critics, who oppose having Canadian courts and police, effectively, enforcing sharia.

"Nobody thinks the extreme sections of the sharia law will be carried out, like stoning people and cutting off hands," said the Humanist Association's Ayala. "But still, if Canada accepts this, it means it will give credibility to the sharia law around the world."


Offline Br. Max, OFC

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #1 on: January 03, 2004, 02:11:33 PM »
welp there you go.  Canada just took a giant leap back into the darkages.
"Where I live in Manhattan and where I work at ABC, people say 'conservative' the way people say 'child molester.' Leftist thinking is just the culture that I live in and the culture the reporters who populate the mainstream media

Offline Νεκτάριος

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #2 on: January 03, 2004, 02:20:08 PM »
Saw a good bumper stick while I was just on vacation...."The road to hell is paved with liberals" and here is the evidence of it folks...

unrelated but there was a billboard in Colorado that I saw that said "fight terrorism, pull the US out of the UN"

Offline Br. Max, OFC

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #3 on: January 03, 2004, 02:37:32 PM »
...."The road to hell is paved with liberals"  ROTFLMAO!  I want a case of those!!  I'll walk around my home town and put them on every car I can!
"Where I live in Manhattan and where I work at ABC, people say 'conservative' the way people say 'child molester.' Leftist thinking is just the culture that I live in and the culture the reporters who populate the mainstream media

Offline Νεκτάριος

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #4 on: January 03, 2004, 02:55:24 PM »
Br. Max, I just did a google search and came up with this    

http://www.republicanmarket.com/servlet/viewitem?item=2133

I'm sure that if I look hard enough I could find the actual bumper sticker...

Offline Br. Max, OFC

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #5 on: January 03, 2004, 02:56:46 PM »
Br. Max, I just did a google search and came up with this    

http://www.republicanmarket.com/servlet/viewitem?item=2133

I'm sure that if I look hard enough I could find the actual bumper sticker...

lol I just did the same search. They have the bumperstickers there on that site - they also have a really nice one that says - VOTE DEMOCRAT It's easier than working.  I really like that one too now I'm torn!!
"Where I live in Manhattan and where I work at ABC, people say 'conservative' the way people say 'child molester.' Leftist thinking is just the culture that I live in and the culture the reporters who populate the mainstream media

Offline Νεκτάριος

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #6 on: January 03, 2004, 03:00:14 PM »
Oh this is just too fun...

Offline Νεκτάριος

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #7 on: January 03, 2004, 03:04:46 PM »
this is another good one http://www.republicanmarket.com/servlet/viewitem?item=20152

too bad Christmas and birthday season already passed in my house otherwise there would be some great gifts going around!

Offline Br. Max, OFC

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #8 on: January 03, 2004, 04:45:33 PM »
Oh I'm going to stock up for up coming gift giving ;D
"Where I live in Manhattan and where I work at ABC, people say 'conservative' the way people say 'child molester.' Leftist thinking is just the culture that I live in and the culture the reporters who populate the mainstream media

Offline Stavro

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Re:Muslim Law to Be Used in Some Disputes in Canada
« Reply #9 on: January 09, 2004, 06:37:14 PM »
Well, it is sad. I wonder whether the West bothers to read history at all to learn, or even read the islamic laws and see the position of women and human rights violations and oppression of other non-muslims before the authorize such a self-destructing move?
In that day there will be an altar to the LORD in the heart of Egypt, and a monument to the LORD at its border. (Isaiah 19:19)

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Offline Pikhristos Aftonf

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Re: Muslim Law to Be Used in Some Disputes in Canada
« Reply #10 on: October 08, 2011, 03:55:54 AM »
the worst is still to come. if they have enough leverage to be able to do this, soon enough they will be able to practice full blown sharia law. its hardly imaginative to even propose that once given enough power they will make non-muslims (kaffirs) pay the jizya. shame on the canadian authorities that allowed this, this is but the first nail in the coffin that is western ideals.

Offline PeterTheAleut

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Re: Muslim Law to Be Used in Some Disputes in Canada
« Reply #11 on: October 08, 2011, 04:20:49 AM »
You do realize this thread is over 7 1/2 years old?
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Offline Pikhristos Aftonf

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Re: Muslim Law to Be Used in Some Disputes in Canada
« Reply #12 on: October 08, 2011, 04:25:47 AM »
oops didn't read the date. i dont even know where i got to this thread ....

Offline Gorazd

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Re: Muslim Law to Be Used in Some Disputes in Canada
« Reply #13 on: October 08, 2011, 04:31:12 AM »
Actually, the whole thing was abandonned in 2005. Read more here http://www.canadianlawsite.ca/sharia-law-canada.htm

Offline Pikhristos Aftonf

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Re: Muslim Law to Be Used in Some Disputes in Canada
« Reply #14 on: October 08, 2011, 04:38:06 AM »
i thought it was recent because the sharia law thing, is currently being debated in australia. good thing Canada put an end to this outrageous move :D