Keith Mack
Sharia law, or Islamic law, is a religious law based on Islamic concepts derived from the Quran and Hadith. While it is not implemented as a formal legal system in Canada, there has been debate over the application of Sharia law in the country, particularly in the province of Ontario. In 2003, the Islamic Institute of Civil Justice proposed the establishment of Sharia courts in Ontario, which was rejected by the Liberal government. However, Ontario has authorized the use of Sharia law in civil arbitrations if both parties consent, leading to concerns about the impact on Muslim women and the potential for conflict with Canadian civil law. While some Canadian Muslims support the implementation of Sharia law in family disputes, others oppose it, arguing for the separation of religion and state and expressing fears that it could lead to a patriarchal and outdated worldview being imposed.
| Characteristics | Values |
|---|---|
| Status of Sharia Law in Canada | Sharia Law is not part of the Canadian judicial system. However, the province of Ontario has authorized the use of Sharia Law in civil arbitrations if both parties consent. |
| Application of Sharia Law in Canada | Sharia Law would govern religious practices and only apply to people within the Muslim community in Canada. |
| Support for Sharia Law in Canada | Some Canadian Muslims, including women, support the official inclusion of Sharia Law in the Canadian legal system, arguing that it protects women's rights and promotes equality between the sexes. |
| Opposition to Sharia Law in Canada | Critics argue that Sharia Law is inconsistent with Canadian values, promotes a sexist and outdated worldview, and poses a threat to women's rights and equality. |
| Impact on Women | Concerns have been raised about the impact of Sharia Law on Muslim women, with critics arguing that it could exacerbate existing issues and that religious beliefs may persuade women to choose the Sharia option in family disputes. |
| Political Response | The Liberal government in Ontario rejected a bid to allow Sharia courts in 2017. |
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What You'll Learn
Sharia law in Canada is already in place
Sharia law, or Islamic law, is based on the Quran and Hadith. In 2003, the Islamic Institute of Civil Justice proposed that Muslims in Ontario have their own tribunals and a parallel legal system – Sharia law. This proposal was rejected by the Liberal government in Ontario. However, in 1991, Ontario passed a law permitting a Sharia court to streamline the overloaded court system and save money by diverting certain civil cases to arbitration, including religious arbitration. This law was not specific to Islamic law, as Jewish courts have operated in the province under the same rules for many years.
In 2017, the Liberal anti-Islamophobia motion, M-103, sparked protests about free speech, Sharia law, and religious freedoms. Some feared that M-103 was a step toward bringing Sharia law to Canada. However, spiritual leaders argued that Sharia and rules that govern religious practices in other faiths are not to be feared by people outside their communities. They compared Sharia to Roman Catholic canon law and Jewish Halacha, which also exist in Canada for those who choose to observe them.
Sharia law is not consistent with the Canadian way of life. For example, it permits a man to beat his wife and allows a man to divorce his wife simply by saying the word "divorce" three times aloud. However, many Muslims, including women, are enthusiastic about giving Islamic law an official place in Canada, arguing that a woman's rights are protected under Islam. The Canadian Council of Muslim Women (CCMW), on the other hand, has concerns about the implementation of Sharia law in Canada, stating that they want the same laws to apply to them as to other Canadian women.
Sharia law is already in Canada in a limited capacity, but it only governs religious practices and only applies to people inside the Muslim community. The province of Ontario has authorized the use of Sharia law in civil arbitrations if both parties consent, but these arbitrations are limited to matters of property, marriage, divorce, custody, and inheritance. While the decisions of these arbitrations can be appealed to the regular courts, there is no third-party oversight or duty to report decisions, so there is no way to ensure that they do not conflict with Canadian civil law.
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The impact on Muslim women in Canada
In Canada, the introduction of Sharia law has been a controversial topic, with some Canadian Muslims advocating for its implementation within their community. While some Muslim women in Canada have expressed a preference for Sharia law, there are concerns about its potential impact on their rights and equality.
Sharia law, or Islamic law, is based on the Quran, Hadith, analogical reasoning, and juridical consensus. Historically, it has existed alongside other legal systems in Muslim-majority countries, influencing civil and criminal matters. In Canada, the discussion around Sharia law centres on its potential role in settling family disputes and religious practices within the Muslim community.
Proponents of Sharia law in Canada argue that it would provide a framework for resolving family issues outside the court system through arbitration committees or tribunals. They suggest that Sharia is already present in Canada, similar to other religious laws like Catholic canon law and Jewish Halacha. Additionally, they highlight the growing affinity towards Sharia among Canadian Muslims, who feel increased discrimination and a need to strengthen their community's identity.
However, critics argue that Sharia law contradicts Canadian values and poses a threat to the equality and rights of Muslim women. They point out that Sharia law permits practices such as a man beating his wife or divorcing her simply by saying "divorce" three times. In some interpretations of Sharia law, inheritance laws favour males, and wives may be left without financial support or legal recourse in divorce proceedings. Additionally, domestic violence cases have seen Islamic scholars hesitate to dissolve abusive marriages, prioritizing the involvement of the family patriarch.
The Canadian Council of Muslim Women (CCMW) has expressed concerns about the potential impact of Sharia law on Muslim women's rights and their preference for living under Canadian laws, which emphasize equality and justice. They worry that the religious beliefs of some Canadian Muslim women may persuade them to choose the Sharia option, even if it compromises their rights. The CCMW also highlights the lack of understanding of how Sharia practices will affect Muslim women and the potential for exacerbating existing issues.
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The incompatibility with the Canadian way of life
Sharia law is fundamentally incompatible with the Canadian way of life. Firstly, it undermines the secular nature of the Canadian state. In Canada, religion is a voluntary association, and there is a separation of religion and state. Sharia law, on the other hand, insists on a fusion of mosque and state, with Islamic rules dictating both the private and public lives of individuals. This is evident in the history of Sharia law, where it has been interpreted and applied by ruler-appointed judges, influencing criminal justice and community affairs.
Secondly, Sharia law is at odds with Canadian values of equality and justice, particularly when it comes to women's rights. While proponents of Sharia law argue that it protects women's rights and ensures equality between the sexes, the reality is that it is strongly patriarchal and can result in women being harmed. For example, under certain interpretations of Sharia law, a husband can unilaterally divorce his wife, leaving her without legal recourse or financial support. Inheritance laws may favour males, and child custody can be given to fathers. In practice, the pressure on Muslim women to abide by Sharia law can be overwhelming, as acknowledged by activists and groups like the Canadian Council of Muslim Women.
Furthermore, the very nature of Sharia law as a religious law based on divine authority makes it inflexible and resistant to change. This is in contrast to the Canadian legal system, which, while not perfect, has mechanisms for evolution and reform. The lack of third-party oversight and the absence of a duty to report decisions made under Sharia law in Canada can lead to a lack of transparency and accountability, potentially exacerbating issues of inequality and injustice.
Sharia law, with its basis in religious dogma and its varying interpretations, cannot coexist with the secular, egalitarian, and democratic values that underpin Canadian society and law. The two systems are fundamentally incompatible, and the introduction of Sharia law, even in a limited capacity, threatens the very fabric of Canadian life.
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The bid to allow Sharia courts was rejected
In 2003, the Islamic Institute of Civil Justice proposed that Muslims in Ontario be allowed to have their own tribunals and a parallel legal system based on Sharia law. This proposal was met with opposition from Muslim activists, who launched campaigns against the implementation of Sharia courts. Despite the objections, the law permitting a Sharia court was passed in 1991 when Ontario sought to reduce the burden on its court system and save money by diverting certain civil cases to arbitration, including religious arbitration.
The proposal to allow Sharia courts in Ontario was controversial, with some arguing that it would threaten Canadian secularism and women's rights. For example, Sun columnist Tarek Fatah argued that religious tribunals would trespass upon the public domain. Activist Nasrin Ramzanali expressed concern that she would feel threatened if Sharia courts were established. In addition, the Canadian Council of Muslim Women (CCMW), a pro-faith group with members from every Muslim culture, opposed the new Sharia courts, stating that applying Muslim family law in Canada was inappropriate. They emphasized their preference for living under Canadian laws, which safeguard and protect their rights.
However, many Muslims, including women, supported giving Islamic law an official place in Canada, arguing that it would not harm women's interests but instead protect them. They asserted that under Islam, women's rights are secure, with equality between the sexes. The debate surrounding the implementation of Sharia law in Canada also sparked discussions about religious freedoms and free speech.
Ultimately, the Liberal government in Ontario rejected the bid to allow Sharia courts. This decision aligned with the stance taken by other jurisdictions, such as the province of Quebec, which explicitly banned Sharia law in 2005, and Britain, which has rejected councils for Sharia law.
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The use of Sharia in non-Muslim countries
Sharia, or Islamic law, is based on Islamic concepts derived from the Quran and Hadith. Historically, it has existed alongside other normative systems, with independent jurists (muftis) interpreting Sharia based on Islamic scriptural sources and various legal methodologies. In the modern era, many Muslim-majority countries have replaced traditional Sharia laws with statutes inspired by European codes, retaining classical Sharia rules mainly in personal status laws.
Some Muslim-majority countries, such as Jordan, have both Sharia courts and civil courts. Sharia courts in Jordan have jurisdiction over personal status laws, cases concerning Diya (blood money), and matters related to Islamic Waqfs. The Family Law in force in Jordan, the Personal Status Law of 1976, is based on Sharia. However, Jordan's constitution is not based on Sharia, showcasing the varying degrees of Sharia implementation across countries.
The application of Sharia in non-Muslim countries is complex and varies depending on regional and cultural contexts. While some Muslims believe that Sharia should be the official law of the land, they typically do not support its application to non-Muslims. In a Pew Research survey, Muslims who supported making Sharia the law of the land were most comfortable with its use in family and property disputes rather than severe punishments. Additionally, the belief that Sharia should apply to non-Muslims is most prevalent in the Middle East and North Africa, with varying levels of support in other regions.
The debate around Sharia in non-Muslim countries often centres on concerns about human rights, gender equality, and freedom of speech and expression. Fundamentalists advocate for the complete implementation of "pure Sharia", while modernists argue for interpreting Sharia in line with human rights and contemporary issues. The interpretation and application of Sharia continue to be a widely discussed topic in Islam, with varying approaches in different parts of the world.
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Frequently asked questions
Sharia law is not part of the Canadian legal system. However, in 2003, the Islamic Institute of Civil Justice proposed that Muslims in Ontario have their own tribunals and a parallel legal system. The Liberal government in Ontario rejected this bid in 2005.
Sharia law is a religious law that forms part of the Islamic tradition. It is based on the Quran and Hadith, with other sources including analogical reasoning and juridical consensus.
Some Canadian Muslims are proposing the implementation of sections of Sharia law to settle family disputes outside the court system. However, there is also opposition to the introduction of Sharia law in Canada, with concerns about its impact on women and whether it could replace Canadian law.
The Canadian government has not introduced Sharia law, and it is explicitly banned in Quebec. However, in Ontario, Sharia law can be used in civil arbitrations if both parties consent.
