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Sharia in Canada

Nov 25, 2003 4:29 pm By Robert Spencer

Canadian Muslims are taking steps to set up Sharia law to adjudicate disputes within their own communities. Law Times News reports that “a recent convention of Muslim community leaders” has “elected a 30-member council which will work towards establishing a Darul-Qada (a judicial tribunal), to be known as the Islamic Institute of Civil Justice (Canada).” (Thanks to kathyshaidle, relapsed catholic.)

The article says that “the convention is the latest step in a long struggle to have Islamic law recognized in Canada. Shariah is a complex and sophisticated body of law based on religious principles. Muslims must resolve all their commercial and personal disputes according to its tenets.”

Sharia is also a comprehensive system of societal laws, including ones that mandate the institutionalized subjugation of non-Muslims (dhimmitude) and the waging of jihad against them. Many Muslims believe that once a Muslim community becomes a majority in any nation, Sharia must be instituted there. Has Canada just taken the first step?

To be sure, right now this is simply an arbitration board for personal and business disputes. But it could easily become more, particularly if it receives official recognition from supine, dhimmi Canada.

The article says that Muslims have had difficulty living by the Sharia in Canada: “This has been extremely difficult when there have only been individuals and ad hoc committees providing legal advice and limited mediation and arbitration services. Most dispute resolution has been conducted by Imams, who are learned men connected with local mosques.

“Legal scholars, known as ulama, are thin on the ground in North America. Their knowledge is essential in adjudicating complex issues.

“One of the key obstacles to establishing an Islamic legal institution identified by a number of speakers was a lack of unity and organizational strength. While the Muslim community is the largest minority in Canada, over one million strong, it is made up of groups from many different countries and different schools of Islam. Each group has organized its own activities and there has been no common cause.

“Organizer B. Husain Bhayat was heartened by the turnout. The two main groups – Sunni and Shi’ite – were both represented and there were many Imams and leaders of organizations. . . . The president of the convention was barrister Syed Mumtaz Ali, who struck the first blow in the campaign for recognition of Islamic law in 1962. He was the first lawyer to swear his oath of allegiance on the Koran.

“Syed explained the law of minorities as it is set down by the Shariah. Muslims in non-Muslim countries are required to follow the Shariah to the extent that it is practical.”

Unmentioned in this article is whether they discussed the status of non-Muslims in Muslim countries, or the means set down by Islamic law for the transition of a state from non-Muslim to Muslim status.

“‘The law applies as if to Bedouin wanderers,’ he said. ‘We are required by our own law to follow the laws of the country and to follow our own laws. We have a double obligation. You don’t have to be the wisest man to see there will be conflicts. . . .’

“Syed explained that until recent changes in the law, Canadian Muslims have been excused from applying Shariah in their legal disputes.

“Arbitration was not deemed to be practical because there was no way to enforce the decisions. Syed said the laws have recently changed with amendments to the Arbitration Act.”

But now all that has changed, and secular Canadian courts apparently will have no jurisdiction in matters handled by this new Darul-Qada. “Now,” says Syed, “once an arbitrator decides cases, it is final and binding. The parties can go to the local secular Canadian court asking that it be enforced. The court has no discretion in the matter.”

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Filed Under: Canada, Sharia, Stealth Jihad


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