Canadians Allow Islamic Courts To Decide Disputes

W Post ^ | April 28, 2004 | DeNeen L. Brown

[swilhelm73]

Almad and thousands of other Muslims, taking advantage of a provision of the law in the province of Ontario, can now decide some civil disputes under sharia, including family disagreements and inheritance, business and divorce issues, using tribunals that include imams, Muslim elders and lawyers. While it is less than full implementation of sharia, local leaders consider it a significant step.

Muslim promoters of sharia arbitration said that no cases had been decided but that the process is set. Islamic leaders created an Islamic Court of Civil Justice last fall and that organization, in turn, has chosen arbitrators, who have undergone training in sharia and Canadian civil law, according to organizers and participants.

[knighthawk]

Almad and thousands of other Muslims, taking advantage of a provision of the law in the province of Ontario, can now decide some civil disputes under sharia, including family disagreements and inheritance, business and divorce issues, using tribunals that include imams, Muslim elders and lawyers. While it is less than full implementation of sharia, local leaders consider it a significant step.

Islam-list

If people want on or off this list, please let me know.

[XBob]

Ping - Sorry Canadians are crazy Idiots.

[GATOR NAVY]

Some sort of mutually agreed to mediation - I have no problem with that.

Cautiously agreeing, if it only applies to civil cases what's the difference between this and people here going on "Judge Judy"?

[JudgemAll]

Hmmm, sharia law? what a nice way to put it. More like Pedophile law.

[Clara Lou]

Better a camel's nose in a $10 tent than sharia becoming law outside of the Middle East or Asia.

[JudgemAll]

I thought Canada was against inhumane exploitation....

Next time Canada talks about human rights, they need to be reminded of this crap. I don't care if Jews already operate that way there, islamism and sharia is absolutely despicable and alien to magna carta.

[expatguy]

The beginning of the end for Canada.

[monkeywrench]

Look at the sudans 20 year civil war over sharia law. Look at Nigeria.

"safe to assume that a Muslim, living under a Christian legal system, would have less to fear than a Christian under Sharia. The experience in other countries, e.g. Sudan, has shown that, more likely than not, Sharia would also be applied to non-Muslims; the current formula, as put forth by the Niger State administration, of a dual legal system (Sharia or statutory law) may be called into doubt." http://www.internews.org/rmsmedia/sharia/sharia.html

[XBob]

19 - "And you know that in some countries, apostasy means death sentence."

Better prepare your last will and testament, the 'religion of peace' is coming.

[Lurking Libertarian]

What about "peer" pressure?

The same peer pressure exists among ultra-Orthodox Jewish groups (Hassidim). If a Hassid summons another Hassid to appear before a din torah (a rabbinic tribunal) and the latter refuses, all the other Hassidim are supposed to shun him. Nonetheless, U.S. courts routinely enforce the decrees of these Rabbinic tribunals.

[Lurking Libertarian]

Court decisions enforcing decisions of Jewish religious tribunals are listed here.

[Alberta's Child]

Let's keep this perspective, folks. Regardless of what they use as the basis of their judgements, the Islamic Court of Civil Justice is really nothing more than an arbitration body in civil disputes. They have no authority under the criminal code, and they have no authority in any cases unless both parties agree to have their case adjudicated under this board. This kind of thing has been going on without official recognition for generations in any number of religious groups.

FWIW, it's hard to see how this can possibly make things in Canada any more chaotic than they already are. Canada doesn't even have a standard legal system -- Quebec operates under French Civil Law, while the rest of the provinces operate under English Common Law.

[The KG9 Kid]

"... Let's keep this perspective, folks."

Yeah, let's:

You have two Rules of Law there, one of them being Islamic.

Will you be in trouble with the Parliamentary law if you refuse to do business with Muslims because they might sue you in an Islamic court and declare a Fatwah against you when you refuse to settle the matter under their Islamic civil court system?

Maybe the Parliament will simplify the problem by compelling non-Islamics to abide by the Islamic court's decision in cases like that.

Laugh now, believe me later. Life will become lots more absurd in your lifetime, my dear Northern neighbor.

[Lurking Libertarian]

it's hard to see how this can possibly make things in Canada any more chaotic than they already are. Canada doesn't even have a standard legal system -- Quebec operates under French Civil Law, while the rest of the provinces operate under English Common Law.

In the U.S., Louisiana operates under French Civil law while the rest of the states operate under English common law (with some civil law influence on the property laws of some states, especially Texas and California).

[Alberta's Child]

I may be wrong, but I don't even think criminal trials in Quebec use juries. Louisiana can't possibly be that extreme.

[Lurking Libertarian]

You're right, it's not.

[Oatka]

Didn't you read this? ONE MORE TIME: From the article: "Although advocates of the sharia process stressed that participation in the tribunal process would be voluntary, some critics expressed concern that many Muslims would be labeled disobedient if they refused participation in such sharia-based arbitrations.

"If I am a woman of faith, and the community of people who see themselves as leaders say that if I do not follow the sharia court here, the Islamic Institute, then I will be tantamount to blasphemy and apostasy," Hogben said in a debate shown on Canadian television. "And you know that in some countries, apostasy means death sentence."

"The same peer pressure exists among ultra-Orthodox Jewish groups . . . all the other Hassidim are supposed to shun him."

Shunning is one thing. How many Hassidim have been ordered killed by the rabbinic tribunal? Despite all the civilized trappings, many of the Sharia crowd are still in the 12th century, with all that that implies. Comparing the Jewish tribunal to the Sharia fanatics is pretty lame.

[VOA]

The beginning of the end for Canada.

My formerly Canadian cousin (from Edmondton) would say that happened centuries ago...
when the Brits allowed the French-Canadians to basically start chiseling out their
own little Balkan state.

My cousin is now a US citizen, living and thriving in Dallas...and has never looked back.

Myself, this is really sad as I have nice memories of trips to Ontario, Quebec and
Alberta in the 1960s and 70s as a kid.

[Lurking Libertarian]

Comparing the Jewish tribunal to the Sharia fanatics is pretty lame.

I don't for a minute equate Moslems with Orthodox Jews. Under American law, however, any decision of a religious tribunal is enforceable if both parties signed a written agreement to submit to that tribunal. An actual death threat to a participant would negate that agreement, but, short of that, the courts will treat them the same.

[TheLion]

Think the abortion marchers will suit up to protest about how the Islamics want them to dress?