Posted on 04/28/2004 5:41:31 PM PDT by wagglebee
Canadian judges soon will be enforcing Islamic law, or Sharia, in disputes between Muslims, possibly paving the way to one day administering criminal sentences, such as stoning women caught in adultery.
Muslims are required to submit to Sharia in Muslim societies but are excused in nations where they live as a minority under a non-Muslim government.
Delegates elect council to set up Islamic Institute of Civil Justice (Canadian Law Times)
Canada, however, is preparing for its 1 million-strong Muslim minority to be under the authority of a Sharia system enforced by the Canadian court system, according to the Canadian Law Times.
Muslim delegates at a conference in Etobicoke, Ont., in October elected a 30-member council to establish the Islamic Institute of Civil Justice.
The institute is classified in Islamic law as a Darul-Qada, or judicial tribunal. Its bylaws are scheduled to be drafted and approved by Dec. 31.
Cases will be decided by a Muslim arbitrator, but the local secular Canadian court will be the enforcer.
One of the obstacles to establishing the system, the Law Times said, has been the Muslim communities' lack of unity and organizational strength. Muslims in Canada come from many different countries and different schools of Islam. Also, there are few Islamic legal scholars, known as ulama, in North America, which are essential to adjudicating complex issues.
"It seems as if the community was looking forward to something like this," says organizer B. Husain Bhayat, according to the Law Times. "If all groups are represented, with hard work and the unity we saw here, we will have no difficulty going forward."
The two main streams of Islam, Sunni and Shi'ite, were represented at the conference, along with imams and leaders of organizations.
... But that's how it is *now*. I simply don't trust Canada that they won't pervert it in the future in the interests of 'embracing multiculturalism'. Contrarily, here in the US, we have a Constitution to protect us. You in Canada have the whimsical and flighty Parliamentary procedure that can change it's mind in secret at the drop of a hat with no ratification by the citizenry.
In your earlier link from the 'Independent', you ought to consider well the end to the story about Muslim women who have good reason to be worried about this change in Canadian policy. If they refuse the Shariah court, their lives might actually be in danger. Something bad is going to happen, and I believe that you suspect it too though you dont want to appear insensitive by admitting it forthrightly. If I were Canadian, I would be of the opinion that if a petitioner cannot wait for due process through the existing court system, they should put an egg in their slipper and beat it back to where ever they came from.
These community arbitration courts may work for the Indians --- ("Great Spirit Guide, I loaned Percy Two-Feathers my fishing kayak and he put a hole in the bottom of it. I want ten of his baby Harp Seal pelts as restitution!") -- but you're talking about extending this mediation to Islam, the Canadian majority demographics of which are recent immigrants from backwards-ass primitive cultures you wouldn't dare to walk across with a maple leaf sewn to your backpack.
Like I said earlier: Battery acid in some poor woman's face sooner than you think.
Now taking bets.
De rien.
What they are implementing is essentially a voluntary form of arbitration for certain civil matters.
What's wrong with letting people decide they want their personal disputes governed by Talmudic law instead of English Common Law?
Granite or Limestone?
"Sharia Law??"--
Have the Brave, Intelligent, Thoughtful, PRACTICAL Citizens of Canada "LOST THEIR MINDS??"
SINCE WHEN have the Intelligent Citizens of Canada EVER allowed the "Proclamations of a 'Religious Cult'" EVER Direct the Laws of Canada??
SOMETHING "SMELLS, Here!"
"Sharia Law" is Extraneous to the Normal, Constitutional Laws of Canada.
Either Canada ACCEPTS "Muslim Law," or the "Followers of Islamic Beliefs" accept the Culture they have "Migrated to," & attempt to Change their "Host Culture" to "Islam."
Considering Recent Worldwide Islamic Events, FEW of US--in the West--would be Likely to embrace "Islam."
But no death sentences have yet been carried out.
As I said....open the door a crack and in waltzes liberalism, socialism, ISLAMIC crap, and who knows what else.
For now.
Ever hear the word "incrementalism"?
Ever hear the phrase "camel's nose under the tent"?
What do you think those terms describe?
The problem arises when the secular authorities are used as enforcers for the religious courts. If two Jews have a dispute and want to take it before a beth din I'm all in favor of that. But I certainly draw the line at requiring the police to enforce the psak (verdict) of a beth din.
Furthermore, Jewish law states dina d'malchusa dina ("the law of the land is the law") just as Christianity teaches "render unto Caesar." Muslims want to apply sharia and use the taxpayer-paid police to enforce it.
You'll learn that Canadians also have a constitution to protect them. In particular, Section V.38 of the constitution details the procedure for amending it. It's quite similar to the one for amending the US Constitution. As I'm sure you are well-aware, parliaments don't meet in secret any more than the US Congress does, their laws don't take effect before they are made public, and are no more "flighty" than the US Congress is. The difference between Parliamentary and Presidential democracies in any case is not in the way laws are made, but rather in the independence of the executive.
The solution to the social problems of very traditional societies is exposure to the outside world. The coersion you describe already exists -- except now these women don't go to any court at all.
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