Thursday, November 27, 2003 GLOBAL JIHAD Canada preparing to enforce Islamic law Judges will give legal sanction to disputes between Muslims Posted: November 27, 2003
1:00 a.m. Eastern
Canadian judges soon will be enforcing Islamic law, or Sharia, in disputes between Muslims, possibly paving the way to one day administering criminal sentences, such as stoning women caught in adultery.
Muslims are required to submit to Sharia in Muslim societies but are excused in nations where they live as a minority under a non-Muslim government.
Canada, however, is preparing for its 1 million-strong Muslim minority to be under the authority of a Sharia system enforced by the Canadian court system, according to the Canadian Law Times.
Muslim delegates at a conference in Etobicoke, Ont., in October elected a 30-member council to establish the Islamic Institute of Civil Justice.
The institute is classified in Islamic law as a Darul-Qada, or judicial tribunal. Its bylaws are scheduled to be drafted and approved by Dec. 31.
Cases will be decided by a Muslim arbitrator, but the local secular Canadian court will be the enforcer.
One of the obstacles to establishing the system, the Law Times said, has been the Muslim communities' lack of unity and organizational strength. Muslims in Canada come from many different countries and different schools of Islam. Also, there are few Islamic legal scholars, known as ulama, in North America, which are essential to adjudicating complex issues.
"It seems as if the community was looking forward to something like this," says organizer B. Husain Bhayat, according to the Law Times. "If all groups are represented, with hard work and the unity we saw here, we will have no difficulty going forward."
The two main streams of Islam, Sunni and Shi'ite, were represented at the conference, along with imams and leaders of organizations.
with the exception of the aborginal peoples of canada, to whom we've basically given the right to self-govern within the frame of our country, in canada, everyone is subjected to canadian law. period.
WND, as usual, has tainted their story with either lack of facts, or their own spin.
Basically, this is a form of arbitration, which is used not just by Muslims, but available to anybody in civil cases. This action by Muslim is being used to arbitrate commercial and personal disputes, not criminal activities. This is not anything new in Canadian Law, just a different way to use existing arbitration process.
The only way the Canadian Courts are 'enforcing' these decisions is to follow the procedure they use to enforce any arbitration decision. They have no discrecison in enforcing arbitration decisions because basically, the result of arbitration is a legally bindng contract.
What they overlooked in the writing of the article is that arbitration decisions cannot be designed to break criminal laws and they are basically civil cases. Their opening paragraph is purposely enflaming and incorrect but that is to be expected.
It is interesting to see the differences in the way WND presents this compared to the original article they used as their reference which is available here: http://www.lawtimesnews.com/Main5.html
Last edited by notto; 28th November 2003 at 01:27 PM.
I used to read WND alot, but it seems so out of this world???
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Just because a group of individuals creates there own little court system, doesn't mean that it has any legal validity or stature... and if something was decided by that court, it would still be subject to Canadian laws in a Canadian court because the Government has nothing to do with the muslim system that they're talking about in that article. It would be like how Jews have Jewish courts to settle disputes in many countries outside of Israel including Canada, the USA etc... they can render their own verdicts, but they have no standing under the law of the country they're in.
also, if that court decided to stone someone, everyone involved would be charged with murder in a Canadian court.
Last edited by Bible Addict; 9th August 2004 at 09:42 PM.
Reason: I forgot something :)
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