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Madinat al-Muslimeen Islamic Message Board
| New Islamic Institute set up for civil cases |
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| Moe_D |
| 12/12/03 at 14:59:01 |
| What do you guys think about this?? i hered about this a few months back but didnt think this was true untill i read it in The Toronto Star today. New Islamic Institute set up for civil cases System would reduce court time Move worries Muslim women LESLIE SCRIVENER FAITH AND ETHICS REPORTER An informal arbitration system that has been quietly settling marital or business disputes in Ontario using Islamic law, or sharia, for several years has now become a more formal structure known as the Islamic Institute of Civil Justice — and a national Muslim women's organization is "gravely concerned" that women's rights will not be protected. Supporters of judicial tribunals say they reduce the need to go to court, are more private, speed up resolution and keep costs low in civil disputes. Under the system, arbitrators will be better trained in both Canadian law and sharia, said retired lawyer Syed Mumtaz Ali, who is leading the organization of the new institute. As Canada's Muslim population, which has climbed to 600,000, continues to grow, the need for out-of-court dispute resolution has also grown, he said. It's not new in Canada and similar to Jewish religious courts, overseen by rabbis, and justice services for aboriginal peoples. "It offers not only a variety of choices, but shows the real spirit of our multicultural society," said Ali, who when he was called to the bar in 1962 asked to be sworn in using a Qur'an. Muslims who choose to use the tribunals can ask the arbitrator, who could be a local imam, scholar or lawyer, to use either sharia or Canadian law to settle their differences. The arbitrators would have the benefit of understanding the disputing couple's language and cultural background. Some women have been working as mediators out of a Toronto mosque for several years, Ali said. The arbitrator's ruling is binding, provided both parties have agreed to the process and as long the rulings fall within Canadian law. According to Ontario's Arbitration Act, an arbitrator's ruling is not enforceable by a court of law unless it supports the principles of fairness and equality. But Alia Hogben, president of the Canadian Council of Muslim Women, expressed reservations about the arbitration committees. "Who will represent the rights of women?" she asked from Kingston. "We are gravely concerned because there are lots questions and we don't understand from the Canadian Muslim women's point why another system is being applied." Since most Muslim women in Canada are religious, many may be persuaded to go to arbitration as part of their Islamic faith and identity, she said. Sharia law is vast and complex, and varies in its interpretation from country to country. "Muslim law is not monolithic or simple or applied consistently so how will it be applied here in Canada and why is it needed here, when the law of the land tries to be fair and just," Hogben said. |
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