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To: Modernman
" No. Decisions by Sharia arbitrators cannot contravene Canadian law or public policy."

If you pardon the expression, "my rear end". If what you say were true, then it wouldn't be necessary to have Sharia law in the first place, since it simply duplicate Canadian law.

No, there won't be any stonings in Canada, for the time being, but there is no reason to believe that Sharia will exactly mimic Canadian law either. For if that were the case, the clerics (I love that term) would be wasting their time with it - when they could be doing much more useful things, like teaching marksmanship.
40 posted on 12/20/2004 12:47:03 PM PST by BobL
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To: BobL
If you pardon the expression, "my rear end". If what you say were true, then it wouldn't be necessary to have Sharia law in the first place, since it simply duplicate Canadian law.

When I say that decisions cannot contravene with Canadian law, that means that they can't break the law. For example, an arbitrator cannot rule that your hand must be chopped off for violating a contract. He can, however, rule that since two parties agreed to follow Sharia in their loan, one party charging interest is a violation of the contract, as an example.

No, there won't be any stonings in Canada, for the time being, but there is no reason to believe that Sharia will exactly mimic Canadian law either.

Arbitrations of any sort do not need to exactly mimic the law, whether in Canada or the US. You can do things like agree to waive your rights to a jury, agree to evidentiary rules that would not pass muster in regular court etc.

Arbitrations are private proceedings, so they can follow different rules than regular court cases.

48 posted on 12/20/2004 12:55:46 PM PST by Modernman (Beer is proof that God loves us and wants us to be happy. --Benjamin Franklin)
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