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The Recent Shari'ah Debate in Ontario
Muslim Community Arbitration and Mediation Institute
All praise be to Allah the Most Gracious and the Most Merciful and May His Blessing be showered on His Prophet of Mercy, Compassion and Justice as well as his family and followers.
The recent debate concerning the recognition of the practice of some rulings of Shari?ah, or Islamic Law, in Canada has raised the interest of different groups in different ways. Some opposed the idea as soon as the word Shari?ah was mentioned and some welcomed it with caution and others embraced it and welcomed it wholeheartedly.
However, things seem to have gone out of proportion and seemed very controversial although it should not have happened. The media and some groups have taken the issue very far to the point that it gave the impression to the public that very soon women will be stoned to death and hands will be chopped off and the country will be turned to an Islamic state?etc.,
In fact, the proposal is still at its early stages as nothing has been finalized, yet it was assumed that everything was all set to go. The Muslim community itself has not received the formal announcement of such a project. Further, there has not been adequate input from the various Canadian Islamic organizations in Ontario. The idea was discussed in a brainstorming manner, but membership as well as the formal constitution of the Institute have not been finalized. All those who have attended the first couple of meetings have agreed that it is time to address the needs of the community regarding issues related to Islamic Law and to clear the ambiguity of reconciling it with the Canadian Law.
Shariah is a body of laws and regulations which stem from the Qur?an, the Prophetic teachings through actions and sayings, the analogical reasoning and the consensus of the scholars at a certain time and environment according to the change in the dimensions of time and space. The main principle of Shari?ah is Justice. Wherever Justice is established that is considered Shari?ah.
The principles of Arbitration, mediation and conciliation are part of Islamic judicial system. Scholars, Imams and Community Leaders do arbitrate, mediate, reconcile, resolve differences and settle disputes on a daily basis in full compliance with the Canadian Laws.
A body representing grass root organizations with sensitivity to culture and religion that may be dedicated to civil justice issues among Muslims will help eliminate court backlog and high cost while settling the dispute to the satisfaction of the community.
In fact, Canadian arbitration law is generic. In this case, Muslim individuals who agree to settle their dispute according to the Qur?anic principles will go to a fully dedicated body which is recognized in the community as arbitrator. Many Muslims do go to Imams for such disputes, be it marital or financial or other civil issues. All Canadians are allowed to settle their disputes according to any code of their choice and then the judgments will be upheld thereafter in the court as long as the decisions did not violate the Canadian Charter of Rights and Freedoms .
The law forms a significant part in the practices of the Islamic faith as it is the case for the Mosaic Law in Judaism. Canadian Jewish courts such as Beit Din have been operating in Ontario for many years. They deal with monetary, business and family disputes.
We at the Islamic Council of Imams-Canada, have been doing Mediation and Arbitration for over 10 years and also dealing with cases of Islamic Divorce (Khul? and Faskh). We have helped many women, whose marriages were annulled by the courts, but could not get the Islamic divorce because of refusal by the husband or disappearance or abandonment.
There are also other Mediation and Arbitration services in the community by independent persons or through Mosques and organizations and on many occasions the court has upheld their judgments.
Indeed, there should be nothing to fear and be skeptic of in regards to women?s rights as it was expressed by some groups. As a matter of fact, many women, in the absence of such authoritative body, are deprived of a chance to be represented or heard especially in cases of divorce. Although the Islamic Law allows a woman to seek the divorce when her marriage relationship endangers her own being and her necessities of life - because of the individuals? deep rooted cultures despite professing Islam - she is denied that right in many cases. And it has become a (misunderstood) belief that only the husband can terminate the marriage no matter what happens to the wife. In Islamic Law, Talaaq-ul-Qaadi, or Judge?s divorce, is a right given to the wife to end her marriage when she has valid proofs of potential harm from her husband, be it physical or otherwise.
Having said that, this does not mean that things could run without a constant monitoring from an authoritative party that can be elected periodically from the community itself to assess and make input when it is needed. Unfortunately, history has been always witnessing abuse of power and partiality when one individual or a group of people hold an authoritative position where they only dictate and seldom - or never - allow criticism and input or accept to answer for accountability.
In the following, we would like to suggest a few important points to the body which will be formed to fulfill the needs of Canadian Muslims. This body must:
1- Adhere to the principles of fairness, impartiality and equity.
2- Limit itself only to Civil matters such as marriage, divorce, property?etc., No criminal matters would be considered by the arbitrators and no corporal punishment could be imposed.
3- Not make decisions which violate the Canadian Charter of Rights and Freedoms.
4- Not rule on matters regarding third parties.
5- Include all schools of Islamic Jurisprudence represented by only qualified graduates of Recognized Islamic Institutions who have worked a good number of years in the field of Arbitration and Mediation while functioning as Imams, Scholars or Experts (male or female).
6- Include experts in the different fields related to Law, Finances and other important civil matters.
7- Act as an alternative dispute-resolution system while functioning within the boundaries of the Canadian Law.
8- Be in consultation with competent Lawyers to make sure that any mediation or settling of disputes does not infringe upon any code of the Canadian Laws.
9- Be in continuous communication with a board formed by a group of people that are elected by the community every 2 or 3 years to monitor and supervise the system to ensure that all the above principles are upheld.
Imam Hamid Slimi
Islamic Council of Imams-Canada
International Muslims Organization of Toronto |
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Salah
Time Table |
| Fajr |
6:00am |
| Zuhur |
1:00 pm |
| Asr |
3:45 pm |
| Magrib |
5 min after sunset |
| Isha |
6:40 pm |
| Jumah Adhan |
12:45 pm |
| Jumah Khutba |
01:00 pm |
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Quote
of the Moment |
| If you ask Allaah for anything, then ask Him for al-Firdaws (the highest level of Paradise).
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