Religious Arbitration : Australia And Canada

Though Canada is officially a multicultural country, it has not resulted in complete religious toleration or separation from Christian values and preference of the state. Through observation of the ongoing, nationwide debate regarding sharia law, this can be seen. Since the early 2000s, a common area of contention amongst Canadians has revolved around the debate of whether or not Sharia law should be included in Ontario family tribunals. Sharia law is used to describe Islamic law as according to the Qur’an. Some Canadian Muslims believed that the addition of sharia law would help better integrate Canadian Muslims into society. While previously, other forms of religious arbitration were permitted in Ontario, the attempt to include Sharia law in the early 2000s played an vital role in the Ontario government’s decision to ban all forms of religious arbitration, (Reitz, Banergee, Phan, & Thompson, 2009, p. 700). Consequently, the Family Statue Law Amendment was introduced in 2006 by the Ontario government in order to ensure that the was ‘one law for all’. This legislation effectively banned all faith-based arbitration by instituting that all family law arbitration in the province would be conducted the same as it would be for any other Canadian, (Berger, 2015, p. 52). Conversely, prior to this amendment, religious arbitration was permitted in Ontario. However, when religious pluralism began

The adversarial nature of the Australian court system is fundamentally implemented to ensure a fair and impartial trial for members of the public, yet this is not always the case. Access to justice, and the courts themselves, are often perceived quite variably depending on an individual’s experience with such institutions. In particular, it is often the disadvantaged in our society, such as those from low socio-economic backgrounds, youth and Indigenous Australians, who are the most neglected and disheartened by fair access to the court systems. However, this is not to say that the system specifically works in favor of educated, white individuals. The systematic approach to court processes, consisting of the apparent impartiality of judges and trials by jury, often impede the natural course of justice and do not allow for a fair and unbiased trial.

The purpose of this paper is to highlight social and legal constructions of both Muslim femininities and masculinities in regards to race, gender, and the Canadian law. This essay will also explore the cultural challenges Muslims face in Canadian society and why there is still a big part of prejudice involved against them as well as examining cultural racism. Men and women are equal in humanity according to Islam; Islam doesn’t teach men to oppress his female counterpart. Women are not oppressed by ordaining to Islamic laws or by embracing the hijab. The culture of the colonizers use the ‘us and them’ or ‘other’ dichotomy as a way to oppress a social group and to grab their identity away. Muslim men have different identities then the one portrayed in the press. The identities of Muslim masculinity and femininity are wrongly shown in the press as an aberrant peoples

Women’s rights in the Middle East have always been a controversial issue. Although the rights of women have changed over the years, they have never really been equal to the rights of a man. This poses a threat on Iran because women have very limited options when it comes to labor, marriage and other aspects of their culture. I believe that equal treatment for women and men is a fundamental principal of international human rights standards. Yet, in some places like Iran, discriminatory practices against women are not only prevalent, but in some cases, required by law. In this essay I will explain to you the every day life of an every day Islamic woman living in Iran. You will be astonished by what these women

Multiculturalism has always been perceived as one of the integral components of Canadian Culture . Under the Canadian Multiculturalism Act, Canadian citizens are free to exercise their religious and cultural practices . However, niqab ban takes effect in some public aspects of Canada . Supporters of the ban believes that wearing niqab is not a part of the Canadian Culture and should be banned in order to free Muslim Women from oppression . Niqab ban, however, infringes on the religious and cultural freedom instilled in the Canadian Multiculturalism Act and the Canadian Charter of Rights and Freedom and is unlawful . A careful examination on Canadian culture and laws, the origins and arguments of the ban, and its implications is needed in order to further understand the issue.

In this letter, the author seeks to address the position and status of the women in the Ottoman Empire. In the letter, he addresses how the women in the Ottoman society are marginalized and viewed as objects to their husbands. The context surrounding Bushbecq 's letter was because the issue surrounding the women status in the Islamic legal structures was very complicated in the Ottoman Empire. The Ottoman Empire was a vast political entity that existed for more than five hundred years, making it impossible to question how the women in the whole Ottoman legal structure ought to be treated. In the Islamic Empires, all the women were treated based on the Islamic law; therefore, questioning these meant questioning the Islamic laws which was a taboo. Women as a legal subject forms a very diverse topic which can be looked at in terms of marriage law, adultery laws, property laws, among others. Therefore, Bushceq 's letter was only an informative document and not one that took any side as he was not meant to question the set Islamic Laws.

It is Canada’s current legal system stems from various European system by explorers and colonists. Who can forget the well-known Seven Years’ War “ The Battle of the Plains of Abraham” (1756-1763) that took place between Britain and France? Britain won the fight and set out a legal structure for its new settlement in the Royal Proclamation of 1763. Since then, Canada has fallen only under English law, except for Quebec, that follows French civil law (Boyd 2015 p. 32). The British North America Act, 1867 is Canada’s original and defining source of sound philosophy. It sets out in sections 91 and 92 the respective powers of federal and provincial governments, and more broadly, an arrangement of legal governance of the country (Boyd 2015 p. 34). The account states that Canada found its identity in The British North America Act, 1867 and the Constitution Act, 1982, with its entrenched Canadian Charter of Rights and Freedoms(Boyd 2015 p. 36).

Whilst Australia’s religious diversity begins to grow so too does the concern of the reported incidents of religious discrimination impacting the lives of people of many different religions in Australia. It is important to understand the impact this discrimination has in order to address the issue.

Brooks uses the sources to bring the thesis together and to help get her point across about the oppression of Islamic women and the pride and power of their male figures. An Islamic law states that women are not to commit adultery, but their husband can have more than one wife. When Brooks learned the story of Rehab and Mohamed and how Mohamed left Rehab for Fatima, it really opened her eyes on how different the treatment of married women of the Islamic world.

This is partially being seen through Muslims being able to be married by a Muslim marriage celebrant without having to have a separate ceremony. By implementing a parallel family law system, this would allow Australian Muslim citizens to deal with their family matters such as, marriage, divorce, and inheritance, in Sharia courts, while not affecting the rest of the population. As I’ve mentioned before, introducing Sharia courts into Australia, would not include such things as polygyny, which is currently illegal in Australia; it would be introducing aspects of Sharia law that abide by Australian law, as it is key for it to abide by the law of the land. The introduction of Sharia courts would simply allow Muslim citizens to keep their personal affairs within their Muslim communities, and to feel as though they are being represented fairly and by someone who understands their religion. It would be of little grievance to anyone to implement Sharia courts for family law, with the option of course to take it to a regular court if the individual

What do these fatwas indicate with regard to the balance between practical legal reasoning and religious dictates?

The Quran tenets encompass various life aspects that include God’s teachings, the way of harmonious living in the community, moral virtues, the regulations on financial matters, and specific obligations among Muslims males and females. In general, the sharia law is an extended platform that provides guidance on family affairs, criminal judgment, political perception, and economic factors. The law thrives on the precepts of religious attributions to God. Since the emergence of sharia law, various Islamic nations have endorsed most or parts of the

By preserving the sanctity of the family, the Islamic system provides a strong foundation for a high standard of morality, and values that support the society from friction and subversion. Islam organizes the interaction of men and women in public and private life, establishes a dress code for both, encourages marriage at an early age and impose severe punishments for adultery, fornication and homosexuality. (2)

The rise and expansion of Islam has had a significant impact on the role and rights of women throughout history. Since its origin in the seventh century until modern times, the Muslim faith has somewhat broadened, but has mostly restricted women’s rights in numerous Islamic communities. The history of Muslim women is complex, as it involves many advances and declines in numerous locations, such as Egypt, Afghanistan, and Iran, concerning several subjects, including both civil and social rights. Thus, in general, the rights of Islamic women did not improve significantly over time, instead, conditions remained the same or became worse for women as Islam evolved and spread as a world religion.

Arbitration is not inconsistent with Shari’a law: in fact, it has been practiced in the Middle East, in pre-Islamic times – even in a form closer to mediation or conciliation – and is specifically endorsed by the Quran. Despite its ancient roots, however, foreign counterparties have often shown profound reluctance and suspicion towards Middle-Eastern arbitration system, due to the lack of a common or federal legislative framework to support arbitration; moreover, the vital role –even if to different degrees- Islamic faith plays in the interpretation of the law in many jurisdictions within the Middle East represents a “religious variable” that has both substantive and procedural ramifications.