Posted on 12/20/2004 11:51:43 AM PST by Pikamax
Use of Sharia law by Muslims okay, report says
CANADIAN PRESS
Ontario Muslims should have the same rights as Roman Catholics and Jews in the province to seek arbitration based on religious law for family disputes and inheritance cases, a report by former attorney general Marion Boyd concludes.
"The Arbitration Act should continue to allow disputes to be arbitrated using religious law," Boyd recommends in her report to the Ontario government.
Boyd was appointed to study the issue after the Islamic Institute for Civil Justice requested the right to offer religious-based arbitrations for family disputes based on Sharia law.
The proposal ran into opposition from women's groups, legal organizations and the Muslim Canadian Congress, who all warned that the 1,400-year-old Sharia law does not view women as equal.
But Boyd determined that Ontario should continue to allow religious-based arbitrations and mediations, including Sharia law, and recommended strengthening protections by requiring both parties to first seek independent legal advice.
However, another of her 46 recommendations would allow people seeking mediation to waive independent legal advice.
Boyd also recommends that mediators screen each party separately about issues of power imbalance and domestic violence before they enter into an arbitration agreement.
She also said the government should work with mediators and other professional organizations to develop a standard screening process for domestic violence.
A spokesman said Attorney General Michael Bryant would not be available today to comment on the report, but added the government would study Boyd's findings "very closely
If a woman gets beaten by her husband under this law would it be illegal for the local hospital to treat her since she was duely punished? Might be disrespectful to the culture to toss her a band aid.
" Arbitrations under Sharia law have been legal in the US for several decades."
WHERE. What court in this country recognizes Sharia Law. We all want to know, so we can shut that down.
The next step, when they have majority is, "You all need to follow sharia." That's when the bloodshed and bombings start. They never seem to deviate from this scenario.
And they do. But how is this different from letting the rabbi or priest decide things?
If sharia includes Islamism, it's gotta' go.
"The next step, when they have majority is, 'You all need to follow sharia.'"
That really sounds like northern Nigeria.
My thoughts were a bit different. In a short story that I wrote, the French government agrees to a moderate Muslim mayor's request that a European version of Sharia be allowed. Rather than cutting off your hand for shoplifting, you immobilize it for a couple of months in locking metal cast. Needless to say, the moderate Muslim then loses a later election, and a more extreme (mainstream, if you will) Muslim takes over, and starts chopping off hands.
That's how they'll do it.
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.
Welcome to Canuckistan.
Incremental steps. They have begun.
If you and I, in our private dispute, agree to have our dispute resolved under Sharia law by an arbitrator, any American court will enforce the decision of that arbitrator.
If we have a contract that has a choice of law provision that says the dispute will be settled under Sharia law and we go into court, an American judge will try the dispute using Sharia law.
Surprised?
In Canada you obey Canadian Law (or chaos results). You cannot divide the country where some obey Islamic law and others obey french law and English law and American law. Canadians better stand up to their government on this, and fast.
That is not what is happening.
" When I say that decisions cannot contravene with Canadian law, that means that they can't break the law."
I may be wrong about this, but courts have a huge amount of leeway regarding child custody and property decisions. At least they do in the United States. If a court gives the children to the father, it's a done deal. The court has not broken the law, even if the mom said she was getting the daylights beat out of her on a regular basis (typical Muslim family, I might add). So the court hasn't broken any law, but the mom is screwed. The same is true for property, at least in the US. And forget about appeals - as, would have to enter the Canadian court system, and be exiled (or worse) for life.
The problem isn't whether the Sharia court violates Canadian law, it's that the court (probably) has a huge degree of discretion in following it.
Does not view women as equal. What is wrong with them???? I'd better visit Montreal and Ontario one more time before I need a male relative's approval and accompaniment!
And yet the Canadians as a whole, including women apparently, seem cool with it, like it's okay for them, the Muslims. Wow. As I've mentioned before, there are going to be some angry Islamo-fascists, teed off because their dhimmis are rolling over so easily. And, I wonder how many Canucks are thinking that 1400 years of tradition can't be wrong and should be honored? You know, the 'who are we to tell them what to do' thinking. Wait till the Canucks have to sit in front of a tribunal for showing their ankles or having a beer...
. How can you say that?
Shira law has just superseded Canadian law.
There's also a public policy provision. Giving children to an abusive father violates public policy in both Canada and the US.
Judges dealing with custody issues can supercede any private decisions by the parties.
The problem isn't whether the Sharia court violates Canadian law, it's that the court (probably) has a huge degree of discretion in following it.
There are no Sharia courts. All you have are private arbitrators whose decisions are binding on no one but the parties who voluntarily bring their case to the arbitrator.
I don't understand why every freedom loving Canadian is rioting over the fact that their country and laws have been usurped by Islam.
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