TORONTO , 12 September 2005— Protests have been held in cities across Canada aimed at stopping Ontario province from adopting Shariah-based law to settle Muslim family disputes. Ontario is considering a report that recommends that it allow Shariah arbitration for issues such as divorce and child custody. Opponents say the proposed arbitration process will violate women’s rights.
Approval would make Ontario the only Western jurisdiction to adopt a form of Shariah arbitration. The demonstration outside the Ontario legislature was the focal point for several protests across Canada. Shariah-based laws would be similar to faith-based tribunals already permitted by the Canadian province for Catholics and Jews to use the principles of their faiths to settle family disputes.
The government insists that the process would only have its roots in Shariah and that the equal rights of women would continue to be protected under Canadian law. But the proposal has alarmed women’s’ and human rights groups. They say Shariah law does not view women as equal to men.
Homa Ar-Jomand, campaign protest coordinator, believes that the system should be completely secular. She said that faith-based arbitration of family disputes is not relevant in the modern world. But many Muslims believe that because Canada is a secular country, its legal system makes it difficult for them to govern themselves by the laws of their religion.
It can be important, for instance, for a Muslim to be granted a divorce under Islamic law if he or she intends to move to an Islamic country and re-marry.
One of the major challenges for the Ontario government is that Shariah law is subject to a great deal of interpretation. There are virtually no existing formal standards in appointing someone to interpret Islamic law.
