Maybe someone can clarify...
Why is there such controversy surrounding the implementation of Shari'ah arbitration into Canadian Law? and especially by Muslim women? I just don't get it.
posted by Sarah @ 11:59 PM
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The Arbitration Act of Ontario allows parties to have their disputes referred to arbitration. What some Muslims are attempting to do is to set up an Islamic arbitration process. The parties can decide to use some Islamic laws and rules to settle their disputes. The decisions would have to be consistent with the Charter of Rights and Freedoms and Canadian laws and I think the controversy lies around this. It's a misconception that the shari'ah is biased against women or is in some manner cruel. I think Muslim women believe it will work against their favor so many are totally against it, or just sensitive about the topic.
I think the overall use of the word shari'ah should not have been used to begin with. A better way to describe it would have been Muslim Dispute Resolution or Islamic Dispute Resolution, or something along those lines.
Overall, our legal system is one of the best in the world. When it comes to marriage and divorce, if all parties involved agree, there is no issue with resolving matters Islamically. In fact, the Arbitration Act of Ontario was set up to facilitate for parties to resolve matters privately without having to go through the courts. Any interpretation of Islamic laws which would be contrary to the Canadian Charter of Rights and Freedoms or which violate other Canadian laws could be challenged, so this is where we'd have to use discretion, and where the controversy part kicks in.
The initiative taken for a shari'ah-like tribunal should have been better planned, it would've been better if they had waited to announce it after all the details were ironed out. We spend so much time defending the idea but maybe it wouldnt have been like that had there been more long term planning.
hope that helps a little (and that I didnt go overboard =p)!
- Khadeeja
Thank you so much for your enlightening perspective :) I really appreciate it... someone sounds like a lawyer! (insh'Allahhhh)
I guess religion and law can be a touchy subject.. but it's being even more blown out of proportion because it's Islam related
And Jews and First Nations people already have laws in place.. so what is the big deal... it's voluntary in the first place!
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