• Why Jihad Watch?
  • About Robert Spencer and Staff Writers
  • FAQ
  • Books
  • Muhammad
  • Islam 101
  • Privacy

Jihad Watch

Exposing the role that Islamic jihad theology and ideology play in the modern global conflicts

When the Koran Speaks, Will Canadian Law Bend?

Aug 4, 2004 8:45 am By Robert Spencer

The New York Times has at last taken notice of the prospect of Sharia law coming to Canada, which we have been following here for many months. (Thanks to all who sent this in.) To their credit, they actually explore a bit of the downside.

A group called the Canadian Society of Muslims is testing those boundaries by establishing the Islamic Institute of Civil Justice to apply the legal code called Shariah, based on the Koran, to settle disputes over property, inheritance, marriage and divorce.

The prospect of Shariah’s operating openly here has already stirred a powerful controversy centering on an uncomfortable issue for any liberal society with an expanding Muslim population that now numbers 600,000: Can a predominately Judeo-Christian society trust Islamic religious rules to protect the rights of all individuals?

The Muslim group is acting under an Ontario provincial law passed in 1991 that gave religious authorities the power to arbitrate civil matters as long as the people seeking arbitration do so voluntarily and are free to appeal those decisions in Canadian courts.

Under the law, Jews and Christians have settled a relatively narrow number of issues without going through the courts. Rabbis have granted religious divorces, decided on matters relating to kosher dietary laws and arbitrated business disputes. Catholic couples have gone to priests to annul marriages, while churches of various dominations have settled disputes related to inappropriate behavior of ministers and monetary disagreements within and between parishes.

But the Islamic Institute wants imams and other arbitrators to decide a broader range of issues. For Syed Mumtaz Ali, 77, an India-born Islamic lawyer and scholar who is the driving intellectual force behind the institute, a Muslim cannot be a Muslim without following Shariah.

“Basically, Muslims live a different kind of life from the Western life, which is secular,” he noted in an interview. “Everything we do is governed by religious law.” For Mr. Ali, it is perfectly acceptable that a son receive twice the inheritance of a daughter and that a man have the automatic right to divorce while a woman does not.

Muslim arbitrators have not made a single public decision yet, but Canada would presumably never allow the stoning of adulterous women or cutting off the hand of a thief, both allowable forms of punishment in some Muslim societies under an extreme variation of Shariah.

Critics say that Shariah contradicts the Charter of Rights and Freedoms, Canada’s bill of rights, which guarantees the equality of men and women. Under Canadian family law, for instance, men and women have equal rights to inheritance and property acquired during a marriage.

Canadians voluntarily waive their legal rights all the time, but it is the obligation of the courts to ensure that they have independent legal advice before doing so. Critics of Shariah say Muslim women would be deprived of their rights because, even after emigrating, they frequently live in isolation from the broader society and are beholden to men who routinely tell them what to do and say.

“I don’t see how it can be voluntary,” said Shahira Hafez, 53, an Egyptian-born anesthesiologist and treasurer of the Toronto chapter of the Canadian Council of Muslim Women, “when all these women from Pakistan, India and Afghanistan are kept isolated in their own communities, do not learn English and only deal with the outer society through their husband and their husband’s family.”

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on WhatsApp (Opens in new window)
  • Click to print (Opens in new window)
  • Click to email this to a friend (Opens in new window)
  • More
  • Click to share on Skype (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Telegram (Opens in new window)
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Pocket (Opens in new window)
  • Click to share on Pinterest (Opens in new window)

Follow me on Facebook

Filed Under: Uncategorized


Learn more about RevenueStripe...

FacebookYoutubeTwitterLog in

Subscribe to the Jihad Watch Daily Digest

You will receive a daily mailing containing links to the stories posted at Jihad Watch in the last 24 hours.
Enter your email address to subscribe.

Please wait...

Thank you for signing up!
If you are forwarding to a friend, please remove the unsubscribe buttons first, as they my accidentally click it.

Subscribe to all Jihad Watch posts

You will receive immediate notification.
Enter your email address to subscribe.
Note: This may be up to 15 emails a day.

Donate to JihadWatch
FrontPage Mag

Search Site

Translate

The Team

Robert Spencer in FrontPageMag
Robert Spencer in PJ Media

Articles at Jihad Watch by
Robert Spencer
Hugh Fitzgerald
Christine Douglass-Williams
Andrew Harrod
Jamie Glazov
Daniel Greenfield

Contact Us

Terror Attacks Since 9/11

Archives

  • 2020
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2019
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2018
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2017
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2016
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2015
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2014
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2013
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2012
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2011
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2010
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2009
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2008
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2007
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2006
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2005
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2004
    • December
    • November
    • October
    • September
    • August
    • July
    • June
    • May
    • April
    • March
    • February
    • January
  • 2003
    • December
    • November
    • October
    • March

All Categories

You Might Like

Learn more about RevenueStripe...

Recent Comments

  • iconoclast123 on India: Police make first arrest for ‘love jihad’ under new law
  • gravenimage on Greece, Cyprus, Egypt, France and UAE conduct joint military exercises amid rising Turkish threat
  • Brando on New study reveals that Muslim religiosity strongly linked to hatred towards the West
  • gravenimage on Audio: Robert Spencer on Muslim Brotherhood influence in a Biden/Harris administration
  • Boycott Turkey on New study reveals that Muslim religiosity strongly linked to hatred towards the West

Popular Categories

dhimmitude Sharia Jihad in the U.S ISIS / Islamic State / ISIL Iran Free Speech

Robert Spencer FaceBook Page

Robert Spencer Twitter

Robert Spencer twitter

Robert Spencer YouTube Channel

Books by Robert Spencer

Jihad Watch® is a registered trademark of Robert Spencer in the United States and/or other countries - Site Developed and Managed by Free Speech Defense

Content copyright Jihad Watch, Jihad Watch claims no credit for any images posted on this site unless otherwise noted. Images on this blog are copyright to their respective owners. If there is an image appearing on this blog that belongs to you and you do not wish for it appear on this site, please E-mail with a link to said image and it will be promptly removed.

Our mailing address is: David Horowitz Freedom Center, P.O. Box 55089, Sherman Oaks, CA 91499-1964

loading Cancel
Post was not sent - check your email addresses!
Email check failed, please try again
Sorry, your blog cannot share posts by email.