Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women

  title={Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women},
  author={N. Bakht},
  journal={Muslim World Journal of Human Rights},
  • N. Bakht
  • Published 2004
  • Political Science
  • Muslim World Journal of Human Rights
In Canada, much media attention has recently been focused on the formation of arbitration tribunals that would use Islamic law or Sharia to settle civil matters in Ontario. In fact, the idea of private parties voluntarily agreeing to arbitration using religious principles or a foreign legal system is not new. Ontario's Arbitration Act has allowed parties to resolve disputes outside the traditional court system for some time. This issue has been complicated by the fact that Canada has a… Expand
Sharia and Constraint: Practices, Policies, and Responses to Faith-based Arbitration in Ontario
In the fall of 2003 Syed Mumtaz Ali, leader of the Islamic Institute of Civil Justice located in Toronto Ontario announced in a media interview that his institute was in a new position to offer faithExpand
A Study of the Use of Sharia Law in Religious Arbitration in the United Kingdom and the Concerns That This Raises for Human Rights
  • J. Brechin
  • Political Science
  • Ecclesiastical Law Journal
  • 2013
The use of Islamic norms in the determination of arbitration in England and Wales has become a source of great controversy. Concerns are raised for the human rights of vulnerable parties who may beExpand
The Controversy over Religious Arbitration Tribunals in Ontario: Unspoken Identity-Based Justifications?
Abstract This article deals with the 2002–2005 controversy over faith-based arbitration tribunals in Ontario. It seeks to contribute to the existing literature on the question by looking at newExpand
Keeping the faith: An exploratory analysis of faith-based arbitration in Ontario
In 2003, the Islamic Institute of Civil Justice announced their intention of providing arbitration services to resolve family law disputes according to Islamic law. Concerned that such arbitrationExpand
The Sharia Debate in Ontario
In late 2003, the Canadian media reported that the Islamic Institute of Civil Justice would start offering arbitration in family disputes in accordance with both Islamic legal principles andExpand
Banning faith-based arbitration: The demands, the debate, and the implications of Ontario's decision.
On Sunday, September 11, 2005, Dalton McGuinty announced Ontario’s decision to ban faith-based arbitration. This decision came after the government-commissioned report by Marion Boyd suggested thatExpand
Muslim women and the Ontario Shari'ah tribunals: Discourses of race and imperial hegemony in the name of gender equality
Synopsis In late 2003, the Ontario-based Islamic Institute of Civil Justice (IICJ) made the announcement that, under the Ontario Arbitration Act, Muslims could resolve their family disputes throughExpand
Islamic Law and the Canadian Mosaic: Politics, Jurisprudence, and Multicultural Accommodation
Starting with an analysis of the rhetoric surrounding the Sharia arbitration debate in Ontario, Canada, this paper argues that the underlying concept of Sharia dominant in the debates was one ofExpand
A multiculturalism–feminism dispute: Muslim women and the Sharia debate in Canada and Australia
A comparative examination of the Sharia debate between the two secular countries of Canada and Australia demonstrates that the former's more robust multicultural polity in terms of responding to requests to adopt the Sharia have not only culminated in Muslim women's empowerment but have enhanced their political representation. Expand
Various studies on Islamic family law (IFL) in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of theExpand