About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

29 LawNow [62] (2004-2005)
Sharia Law in Canada

handle is hein.journals/lanow29 and id is 161 raw text is: Michelle Christopher a FMILY law Sharia Law in Canada In this issue, the family law column takes a brief look at Islamic law and divorce mediation in Canada. Recently, the province of Ontario announced that it will permit civil disputes such as divorce to be mediated under sharia, or Islamic law. Mediators trained in interest-based dispute resolution (including myself) are critical of claims that these proposals for dispute resolution are, in fact, mediation, which requires ata minimum a neutral, third party facilitator; the voluntary participation of the par- ties, and mutual agreement for resolution. If, under sharia, divorce must be mediated by a particular person, such as an Imam, according to specific principles, then quite probably that person may not be neutral. In mediation circles, there is an on-going debate as to the meaning of neutrality, and whether it refers, for example, to impartiality (unbiased, fair to all parties) or to equidistance (between parties). In addition, if the third party is doing something other than facilitating the resolution of the dispute by the parties, then that is not a mediation either. It may resemble mediation, but it is not mediation. Again, there is an on-going debate amongst conflict resolution providers as to whether or not mediators can be evaluative in their role, or whether they are strictly facilitators. Furthermore, the resolution under sharia may not be mutually agreeable, if by the imposition of law according to specific principles, the result is already prescribed, and the process is a culturally specific substitute for the continued imposition of male dominated hierarchical rules. Muslims are required to follow sharia in some Muslim countries, but are excused in countries where they live as a minority under a non-Muslim govern- ment. Last October, in Etobicoke, If, under sharia, divorce must be mediated by a particular person, such as an Imam, according to specific principles, then ... that person may not be neutral. In mediation circles, there is an on-going debate as to the meaning of neutrality, and whether it refers, for example, to impartiality (unbiased, fair to all parties) or to equidistance (between parties). Ontario, delegates to a Muslim conference - elected a 30-member council to establish the Islamic Institute of Civil Justice, which is classified in Islamic law as a judicial tri- bunal, with cases to be decided according to Islamic law by a Muslim arbitrator but enforced by local, secular Canadian courts. Leaving aside the question, for example, of whether a Canadian court would ever enforce a recommendation to stone an adulterous woman (which is done according to sharia in some Muslim coun- tries), the concern for Muslim women in Canada is that they may not have the lan- guage skills, nor the emotional, personal, or financial resources required to investigate OCTOBER/NOVEMBER 2004 This article is copyright 0 2004 by LawNow, Legal Studies Program, Faculty of Extension, University of Alberta. Permission to reproduce material from LawNow may be granted on request.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most