Islamic law not needed in B.C.
Plant: Islamic women who fear formal recognition of shariah cheer A-G's position

Jim Beatty
Vancouver Sun

September 9, 2004

CREDIT: Darren Stone, Victoria Times-Colonist
Attorney-General Geoff Plant: No reason to change the law.

B.C. Attorney-General Geoff Plant says he has no interest in formally allowing Islamic shariah law to arbitrate disputes involving marriage, divorce, inheritance or other civil matters.

Plant said he respects British Columbia's multicultural society but will not change the law to recognize religious-based arbitration decisions.

"I have no plans to undertake any legislative initiative to formally recognize in British Columbia law any religious set of principles. There is no such recognition now," Plant said Wednesday.

Plant said he sees no reason to replace basic legal principles in B.C. -- such as the equal division of assets during divorce or placing the best interest of children first -- with enshrined religious law.

His comments were cheered by Muslim women, who feared B.C. might consider a formal recognition of shariah law to settle divorce or child custody issues.

"We are very happy that the attorney-general of B.C. has rejected the idea of shariah because we believe it would undermine women's rights in Canada," said Razia Jaffer, president of the Canadian Council of Muslim Women.

Shariah, the Muslim code of religious law, dates back more than 1,000 years and can be interpreted in a multitude of ways. Women, some of whom escaped shariah law in countries like Afghanistan, say it is discriminatory because it places the interests of men higher than those of women.

If B.C. formally acknowledged shariah law, women would be discriminated against, Jaffer said Wednesday from her Calgary office.

"Women would be coerced into accepting lesser rights than they were granted under Canadian law," Jaffer said, citing unequal treatment under shariah law related to the division of assets or child custody.

"We're not saying Islamic laws are wrong. It is right in certain circumstances, but not in Canada. I came here because I want the Canadian law to govern me."

The Canadian debate over shariah law is centred in Ontario, where a government committee is studying whether to formally acknowledge Islamic law as a way of settling disputes.

On Wednesday, Canadians in several cities protested the growing interest in shariah law. In Vancouver, about 40 people marched in support of the "No shariah law in Canada" movement. The protest included speeches at the downtown courthouse.

Ontario recognizes the Jewish court system, called Beth Din, as an appropriate adjudication method for resolving private disputes.

In B.C., however, religion-based dispute mechanisms aren't officially recognized. That means Jewish people can settle divorce or child custody issues in front of a rabbi, but the resolution is not sanctioned by the civil courts or legally enforceable.

B.C. Muslim Association president Daud Ismail said there remains room for shariah law in B.C. society.

"We need to thoroughly study this," said Ismail, whose organization represents about 40,000 Sunni Muslims in B.C., the largest group among the province's 60,000 Muslims.

"If there is a benefit for the Muslims and the taxpayers, we will look at it."

Burnaby Imam Sahadat Mohammed, a supporter of enshrined shariah law, said he and other religious leaders will continue to solve disputes using the ancient Islamic law, even if it is not enforceable.

"We just try to counsel them and that's the best we do," he said. "There are lots of things we can solve outside the court. It does help in many, many cases."

Law professor Andrew Pirie, of the University of Victoria, said Plant's comments will not end the debate over shariah law in B.C.

"I don't think this is the end of it by any means," he said. "The debate you're seeing in Ontario, the reflection, analysis and discussion with interest groups, is the way to go."

Pirie said Canada, a multicultural country with a growing Muslim community, must be responsive to cultural desires that conform to the Charter of Rights and Freedoms.

"It's hard to say no to groups who bring traditions and cultures that in many ways are compatible with western society," Pirie said."There's bound to be more and more of these pressures."

jbeatty@direct.ca

© The Vancouver Sun 2004

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