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.
Proving once again why our neighbor to the north is often more of a liability in the battle against Islamic extremism than an ally, a convention was just held in Ontario with the purpose of establishing Sharia law in Canada. Apparently, it doesn’t bother the Canadian government that an ancient and barbaric system of laws could take precedence over their own, but it certainly isn’t sitting well with Muslim women, only one of which showed up at the convention.
Judy Van Rijn, writing for the Law Times Online, describes this ominous event in disturbingly mundane terms.
In a neighbourhood dotted with Halal food shops and Islamic fashion stores, a recent convention of Muslim community leaders was told that they have ''no choice'' but to set up their own arbitration board.
The International Muslim Organization Hall in Etobicoke, Ont., was the venue for the gathering on Oct. 21. By the end of the day, the delegates had elected a 30-member council which will work towards establishing a Darul-Qada (a judicial tribunal), to be known as the Islamic Institute of Civil Justice (Canada).
The convention is the latest step in a long struggle to have Islamic law recognized in Canada. Shariah is a complex and sophisticated body of law based on religious principles. Muslims must resolve all their commercial and personal disputes according to its tenets.
This has been extremely difficult when there have only been individuals and ad hoc committees providing legal advice and limited mediation and arbitration services. Most dispute resolution has been conducted by Imams, who are learned men connected with local mosques.
Legal scholars, known as ulama, are thin on the ground in North America. Their knowledge is essential in adjudicating complex issues.
One of the key obstacles to establishing an Islamic legal institution identified by a number of speakers was a lack of unity and organizational strength. While the Muslim community is the largest minority in Canada, over one million strong, it is made up of groups from many different countries and different schools of Islam. Each group has organized its own activities and there has been no common cause.
Organizer B. Husain Bhayat was heartened by the turnout. The two main groups - Sunni and Shi'ite - were both represented and there were many Imams and leaders of organizations.
''It seems as if the community was looking forward to something like this,'' says Bhayat. ''If all groups are represented, with hard work and the unity we saw here, we will have no difficulty going forward.''
The president of the convention was barrister Syed Mumtaz Ali, who struck the first blow in the campaign for recognition of Islamic law in 1962. He was the first lawyer to swear his oath of allegiance on the Koran.
Syed explained the law of minorities as it is set down by the Shariah. Muslims in non-Muslim countries are required to follow the Shariah to the extent that it is practical.
''The law applies as if to Bedouin wanderers,'' he said. ''We are required by our own law to follow the laws of the country and to follow our own laws. We have a double obligation. You don't have to be the wisest man to see there will be conflicts. . . .''
Syed explained that until recent changes in the law, Canadian Muslims have been excused from applying Shariah in their legal disputes.
Arbitration was not deemed to be practical because there was no way to enforce the decisions. Syed said the laws have recently changed with amendments to the Arbitration Act.
''Now, once an arbitrator decides cases, it is final and binding. The parties can go to the local secular Canadian court asking that it be enforced. The court has no discretion in the matter.
''So, the concession given by Shariah is no longer available to us because the impracticality has been removed. In settling civil disputes, there is no choice indeed but to have an arbitration board.''
His message was supported by a speech in Urdu by Maulana Syed Wasi Mazhar Nadvi, a former Pakistani federal minister and long-time mayor of Hyderabad. He spoke of the effectiveness of arbitration in cost and time compared to the great mental agony and spiritual distress caused families if matters drag on or are heavily publicized through court proceedings.
''We have failed to take advantage of this opportunity because we have not been aware of the law, or are too busy earning our livings and getting settled,'' he said
Maulana Nadvi expressed hopes that the institute will become a non-denominational umbrella for many other ventures including a shelter for oppressed men and women, an orphanage, mental clinics, libraries, and resource centres.
''All these dreams will be fulfilled if we co-operate and the community is awakened to this,'' he said. ''The institute should be influential in bringing Muslims on to one platform - to rise above fickle differences - above cultural, ethnic, and denominational divisions.''
The committee is hopeful that the system will be accepted by the Muslim community at large, and in particular, Muslim women. There was only one woman present at the convention. Bibi Zainob Baksh attended in her capacity as president of the Ladies' Muslim Organization. S he pointed out that there has been a mediation service in the past but it folded when it failed to attract Muslim women. She is of the opinion that if the present initiative comes to fruition, women will participate ''later'' in the process.