Keith Mack
Sharia law, or Islamic law, is a set of religious guidelines based on the Koran. In Canada, Sharia law has been a controversial topic, with some fearing that it could be implemented in the country. While there is no official recognition of Sharia courts in Canada, the province of Ontario has authorized the use of Sharia law in civil arbitrations if both parties consent. This has sparked debates about religious freedom, women's rights, and the separation of religion and state. Some Muslims in Canada have expressed a desire to live under some form of Sharia law, while others oppose it.
| Characteristics | Values |
|---|---|
| Status of Sharia Law in Canada | Sharia law is not a law in Canada but a methodology for life for those who choose to observe it. |
| Official Recognition of Sharia Law in Canada | In 1991, Ontario passed a law permitting a Sharia court to streamline its court system. |
| Public Opinion on Sharia Law in Canada | There is opposition to Sharia law in Canada, with concerns about women's rights and religious freedom. However, many Muslims, including women, support it, believing it will protect women's rights. |
| Political Recognition of Sharia Law in Canada | In 2017, the Liberal anti-Islamophobia motion, M-103, sparked protests and concerns about the introduction of Sharia law in Canada. |
| Implementation of Sharia Law in Canada | There are reports of Sharia law being implemented in some public schools and municipalities in Canada, such as separate prayer arrangements for boys and girls and serving only Halal food. |
| Impact of Sharia Law on Canadian Muslims | Some Canadian Muslims have expressed a desire to live under some form of Sharia law, and there are concerns about the impact on women, with pressures to abide by its precepts. |
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What You'll Learn
Sharia law in Canada's schools
Sharia law, or Islamic law, is a complex system of jurisprudence based on the Quran. While it is not a law, it is a methodology for life, regulating everything from personal hygiene and charity to pilgrimages and burials. There is no universal agreement among Muslims on the laws of Sharia, and its interpretation varies across different countries.
In Canada, Sharia law is recognised by provincial governments, which have sent multiple welfare checks to polygamous Muslim men with multiple families. In 2003, Muslims in Ontario attempted to implement Sharia law for Muslims instead of the provincial law, but the Premier of Ontario pushed back. However, efforts to introduce Sharia law at the municipal level have been more successful. For instance, in 2008, the municipal government of Edmonton, Alberta, denied men access to public swimming pools during certain hours after Muslim women demanded women-only swimming pools in accordance with Sharia law.
In 2004, a report recommended that Muslim faith-based tribunals be permitted in Ontario, which sparked fierce debate and protests. The report suggested that the Arbitration Act should continue to allow disputes to be arbitrated using religious law, including Islamic principles. This led to the establishment of the Islamic Institute of Civil Justice, which provides arbitration for civil disputes, including those related to property, marriage, divorce, custody, and inheritance. The arbitrators can be imams, Muslim elders, or lawyers, and the decisions can be appealed in regular courts. However, there are concerns about the lack of third-party oversight and the potential for conflicting decisions between Sharia law and Canadian civil law.
While some Muslims in Canada support the implementation of Sharia law, particularly for family disputes, others oppose it, arguing that it could harm women's interests and is incompatible with Canada's Charter of Rights and Freedoms. The Canadian Council of Muslim Women (CCMW) asserts that Muslim women should be governed by Canadian laws, which emphasise equality and justice. They worry that religious beliefs may persuade Canadian Muslim women to choose the Sharia option, compromising their rights.
It is important to note that Canada's public education system is secular and does not teach religious precepts. While separate school boards exist for Protestant and Catholic schools in some provinces, religious education is not part of the provincially mandated curriculum. Therefore, Sharia law is not taught in Canadian public schools, and claims of "Islamic indoctrination" in schools are false.
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Sharia law in Canadian courts
In 2004, the province of Ontario authorized the use of Sharia law in civil arbitrations, provided both parties consented. The arbitrations would deal with matters such as property, marriage, divorce, custody, and inheritance. The arbitrators could be imams, Muslim elders, or lawyers. These decisions could be appealed in regular courts. However, critics argue that the lack of third-party oversight and the pressure on Muslim women to abide by Sharia law's precepts are concerning.
The law permitting Sharia courts in Ontario was passed in 1991 to alleviate the overloaded court system and save costs by diverting certain civil cases to arbitration, including religious arbitration. This means that people can resolve disputes using principles and arbitrators of their choice, including those based on Sharia law. The Islamic Institute of Civil Justice was established to promote Islamic law in Canada, and it has trained arbitrators in both Sharia and Canadian civil law.
While some Muslims, including women, support giving Islamic law an official place in Canada, arguing that it protects women's rights and promotes equality, others disagree. The Canadian Council of Muslim Women, for instance, opposes the new Sharia courts, stating that applying Muslim family law in Canada is inappropriate. Additionally, critics worry that the government's recognition of Sharia tribunals will grant Sharia law greater legitimacy.
Sharia law's influence in Canada extends beyond the legal realm. In 2008, the municipal government of Edmonton, Alberta, barred men from public swimming pools during specific hours to accommodate Muslim women's wishes to swim without men present, in line with Sharia law. In 2011, Huntingdon, Quebec, built a mosque and a halal slaughterhouse and offered tax incentives to attract Muslim residents. Furthermore, some public schools in Canada have designated prayer spaces and serve only halal food.
While there is concern about the introduction of Sharia law in Canada, spiritual leaders emphasize that it is already present in the country, similar to Roman Catholic canon law and Jewish Halacha. Sharia, they argue, is a set of religious guidelines or a methodology for life, and its practice is voluntary. However, critics worry about the potential impact on women and the possibility of extremist interpretations of Sharia law.
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The Liberal anti-Islamophobia motion
M-103 generated controversy, with some incorrectly suggesting it was a "law" or a "bill" rather than a non-binding motion. There were concerns that it would restrict free speech or introduce Sharia law in Canada. The motion was criticised for its use of the term "Islamophobia", which some described as controversial and in need of definition. In response, Khalid stated that Islamophobia refers to the "irrational hate of Muslims that leads to discrimination".
The motion also called on the Standing Committee on Canadian Heritage to study how racism and religious discrimination can be reduced and to collect data on hate crimes. This was in response to the increasing public climate of hate and fear, as evidenced by the rise in hate crimes against Muslims and incidents of Islamophobia in Canada. For example, in the three years between 2013 and 2016, hate crimes against Muslims more than doubled, and in 2017, six Muslims were killed in a mass shooting at a Quebec City mosque.
The debate surrounding the motion was deeply divisive, with the majority of Conservative MPs voting against it. Some argued that the motion singled out Muslims for special treatment by not explicitly mentioning other religious groups. However, supporters of the motion argued that it addressed a pressing issue and that refusing to support it was an act of Islamophobia in itself.
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The role of imams in Sharia law
Sharia, derived from the Quran and the sayings and practices of the Prophet Mohammed, guides the personal religious practices of Muslims worldwide. It is a comprehensive legal and ethical system that provides divine counsel on a range of spiritual and worldly matters. While it is already present in Canada as a set of religious guidelines, there are concerns about its potential to influence the legal system, particularly in the province of Ontario, which has authorized its use in civil arbitrations if both parties consent.
The involvement of imams in civil arbitrations is not unique to Ontario. In Muslim-majority countries, imams and Islamic scholars have long played a role in interpreting and applying Sharia law within the legal system. However, the specific role and influence of imams can vary depending on the country and the specific school of Islamic thought. For example, the Ja'fari school of Shia Islam emphasizes the role of imams and independent reasoning among its scholars.
While some Muslims view the participation of imams in civil arbitrations as a way to incorporate their religious beliefs into legal matters, others have expressed concerns about the potential impact on women's rights and the separation of religion and state. These concerns have led to debates and reform movements within Islamic law, with modernists arguing for interpretations that align with human rights and contemporary issues.
Ultimately, the role of imams in Sharia law is deeply connected to the interpretation and application of Islamic principles within legal and societal contexts. Their influence can vary depending on geographical and cultural factors, and they may face opposition or support depending on the specific circumstances and beliefs of the Muslim community they serve.
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Sharia law and women's rights
In Canada, some Muslims are proposing the implementation of sections of Sharia Law (Muslim Law) to settle family disputes outside the court system through arbitration committees or tribunals. The province of Ontario has authorized the use of Sharia Law in civil arbitrations, if both parties consent. The arbitrations will deal with matters such as property, marriage, divorce, custody, and inheritance. The arbitrators can be imams, Muslim elders, or lawyers.
There is no agreement among Muslims on the laws of Sharia. For example, some countries where Muslim law is applied, such as Tunisia, have interpreted the law as limiting marriage to monogamy, while others, such as Pakistan, allow polygamy if the first wife agrees. In some Sharia schools of jurisprudence, inheritance laws favour males, a husband can divorce his wife leaving her without legal recourse, financial support for wives can be for a limited time period, granting of alimony is questionable, division of property can ignore women’s interests, and child custody can be given to fathers according to the age of the child.
The introduction of Sharia Law in Ontario has been a subject of debate and street protests, both for and against its findings. The concerns raised include the impact on women's rights and the lack of monitoring of women's equality rights. The Canadian Council of Muslim Women (CCMW) has expressed concerns about the implementation of Sharia Law, stating that they want the same laws to apply to them as to other Canadian women, governed by the Charter of Rights and Freedoms, which safeguard and protect their rights. They also worry that there may not be any provision within the court system to ensure that agreements do not result in unfair or unjust settlements for Muslim women and that there is no inconsistency with Charter values.
Spiritual leaders have stated that Sharia and rules that govern religious practices in other faiths, such as Roman Catholic canon law and Jewish Halacha, are already present in Canada and should not be feared by those outside their communities. They argue that Sharia is a set of religious guidelines and a methodology for life, regulating personal hygiene, charity, pilgrimages, and burials. However, critics argue that Sharia is a totalitarian ideology that enforces a sexist and outdated worldview, permitting practices such as a man beating his wife or divorcing her simply by saying the word "divorce" three times aloud.
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Frequently asked questions
Sharia law is a set of religious guidelines that is already in Canada. It is a methodology for life, regulating everything from personal hygiene and charity to pilgrimages and burials. In 1991, Ontario passed a law permitting a Sharia court to streamline the overloaded court system.
Some Canadians are concerned about the introduction of Sharia law in Canada, with MPs on the Commons heritage committee studying how to eliminate systemic racism and religious discrimination. In 2003, Muslims in Ontario attempted to make the provincial government set aside its laws and have only Sharia law apply to Muslims. There is also concern about the treatment of women, with opponents arguing that the government's recognition of Sharia law will give it greater legitimacy and negatively impact women's interests.
Supporters of Sharia law in Canada, including many women, argue that it should have an official place in the country. They deny that it will harm women's interests and insist that under Islam, a woman's rights are protected. Spiritual leaders have also stated that Sharia law and other religious practices should not be feared by people outside their communities.
