Sharia courts in Ontario? (user search)
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  Sharia courts in Ontario? (search mode)
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Author Topic: Sharia courts in Ontario?  (Read 5816 times)
Emsworth
Junior Chimp
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Posts: 9,054


« on: September 09, 2005, 05:03:29 PM »

If the province of Ontario has already decided to sanction special Roman Catholic and Jewish tribunals, then it would be highly unjust of it to disallow an Islamic tribunal. If they are so worried about preventing discrimination against women, then they should not have "opened the door" (so to speak) by setting up these religious tribunals in the first place.

The entanglement with religion, morality, and religious law is, perhaps, another argument in favor of states just recognizing "civil unions" for everybody, and leaving marriage to society and to the churches.
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Emsworth
Junior Chimp
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Posts: 9,054


« Reply #1 on: September 09, 2005, 06:14:31 PM »

Does the government actually "sanction" the tribunals or does it simply refrain from banning them?
From what I read, these religious tribunals are regulated just like any other private arbitration agencies. Like any other arbitration board, if what I have read is correct, a religious tribunal must be licensed by the provincial government. Thus, one would conclude that the objective of the anti-Sharia protesters here is to ask the government to deny permission to the Islamic arbitrators (which IMHO strikes one as rather prejudicial, when one is allowing arbitration for other religions).

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That's absolutely right. Ideally, the state would only recognize "civil unions," and pay no attention to the word "marriage." The word would be one defined by society, and not by the government.

Thus, if there are any church tribunals, they would only be private religious bodies, rather than quasi-official organizations whose decisions have legal ramifications.
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Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #2 on: September 10, 2005, 11:22:56 AM »


It's a stupid idea for several reasons (Sharia isn't really a coherent legal system for a start; you'll just end up with the people running such a court (who will, obviously, be totally unrepresentative of the wider Muslim community) making things up as they go along... which is how a lot of Sharia was created. Including the stoning of adulterers and most of the other more infamous bits of it) and it's also very patronising.
Of course, participation would be completely voluntary.
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