Pros, cons of Shari'a law on seminar agenda

by Sapna Goel
Nov 5, 2004
THE MISSISSAUGA NEWS

Women's rights are compromised when Muslim families in Ontario are subjected to religious law by arbitrators who settle disputes, according to a leading female activist who is fighting Shari'a in the province.

"If the government allows Shari'a arbitration, it will push women to stay in abusive relations because social pressure and influence of her religion would oblige a woman to use arbitration," said Homa Arjomand, co-ordinator of the International Campaign Against Shari'a Court in Canada (ICASCC).

Shari'a is a code of conduct for Muslims that's based on the teachings of the Qur'an. Muslims and non-Muslims are invited to discuss Shari'a Saturday at a seminar hosted by the Islamic Supreme Council of Canada, beginning at 3 p.m. at T.L. Kennedy Secondary School.

Brendan Crawley, spokesperson for the Ministry of the Attorney General, said Ontario's Arbitration Act of 1991 permits two parties to mutually agree on an arbitrator to settle family or business disputes, as long as they are in accordance with Canadian laws. The Act allows anyone, including former judges, lawyers or religious leaders, to act as arbitrators.

Under the provisions of the Arbitration Act, people have been practicing religious-based arbitration to settle civil disputes since 1991 and informally prior to then, Crawley said.

ICASCC objects to anyone but the government carrying out the law. "Religion should not interfere with justice and the justice system," said Arjomand. "As an activist, I want family law removed from the Arbitration Act."

Solel Synagogue Rabbi Lawrence Englander agrees, saying he doesn't think family disputes should be handled by Rabbinic courts, as could be the case in Judaism.

"It's my belief that women don't get as fair treatment in Rabbinic court as they would in Ontario court," said Englander. "I believe that one of the tenets of western society is that we're all equal under the law and, therefore, there should be only one law for all citizens."

Public concerns prompted Ontario Attorney General Michael Bryant and Sandra Pupatello, Minister Responsible for Women's Issues, to place the Arbitration Act under review. In June, Bryant and Pupatello appointed former Ontario attorney general Marion Boyd to review the arbitration process and its impact on vulnerable people in Ontario.

"There is so much ambiguity and misunderstanding by both those who support and oppose (Shari'a)," said Syed Soharwardy, president of the Islamic Supreme Council of Canada.

"The arbitration process cannot be imposed on anyone. It is all about voluntarily accepting (arbitration)," he added.

Mississauga West MPP Bob Delaney echoed Soharwardy's sentiment. "A woman must agree to be party to mediation. She has a right to choose," he said. "A mediator isn't there to impose a solution, but to lead to a solution."

"They can say whatever they want," countered Arjomand. "The (women) who can speak up, who have family to support them, the ones with options, they're not my concern. I'm talking about the ones who...are restricted, who can't even go to a coffee shop because it's considered a bad place...who are disciplined by their husbands the way (their) children are."

Some Muslim women feel that, depending on how the Arbitration Act is interpreted, their rights under both Canadian and Islamic law can be violated. Mississauga's Atiya Ahsan, a financial advisor and owner of an art gallery in Streetsville, believes that is the case.

"My rights are never compromised under Islamic law, but there are some idiots who want to compromise them," said Ahsan. "There are (some Muslim) people who have been indoctrinated into ultraconservative thinking. They have convoluted ideas of what is fair and what is family law according to the Qur'an."

Ahsan's concern is for those women who may not know their own rights or lack the power to speak for themselves.

"My concern is not Shari'a arbitration, but the mediators and how they're interpreting Islamic law," said Ahsan, 54. "The women who are more likely to turn to Shari'a are going to be either uninformed or would lack power, and these are the women whose rights will be undermined, the ones most likely to suffer."

Despite her faith in Shari'a and Islamic law, Ahsan feels Canadian law is adequate to settle family disputes. "The Canadian Charter of Rights and Freedoms is a wonderful piece of legislation that provides for all people."

Arjomand said that Muslim arbitration in Ontario has meant women have no options. Even if they know their rights, they won't speak up for fear of consequences, which could mean isolation from their family and their community.