re. Sharia tribunals would help the judicial system

Ibrahim Hayani demonstrates exactly the problem with introducing Sharia into Ontario Family Law in his recent letter. While he correctly characterizes Sharia as a "tradition", most supporters of Sharia treat it instead as a religious obligation. Indeed, the main supporter of Sharia courts in Ontario has said that you are not a good Muslim if you don't follow Sharia.

Unfortunately, Sharia,being a tradition and not a divine law, reflects the cultures and times from which it sprang. These biases have become so ingrained that most people don't even recognize them. Hayani, for example, refers to the Quran to justify Sharia courts but the section of the Quran he quotes actually forbids the very system he defends! When the Quran speaks of "arbitrators" in this context, it is clear that it is speaking not of a single person deciding the issue but rather representatives from both families helping the couple to resolve their problems. Such are the blinkers that traditions put on us, that we can read the words but not see their meaning!

The whole of Sharia developed in a male dominated society. Its architects, though well meaning and educated, failed to rise above their cultural norms. Indeed, even our British-based legal system took centuries to formally recognize women as fully equal. To expect Sharia to change overnight just because we live in Ontario is absurd. That its proponents don't even see the need for change should be sufficient to scuttle Sharia courts.

In Canada everyone is entitled to equal protection under the law. In Ontario family law this means that even the children have a voice. Allowing Sharia to be used in family law prevents this - Sharia is very clear that children are the property of their father. Allowing Sharia courts would give official blessing to creating a class of citizens with fewer rights and less protection than Ontario law requires.

If Dalton McGuinty needs to know how to address this issue without appearing to discriminate against Muslims, there is a simple answer. Follow the Quebec example and remove family law from the Arbitration Act.

Gary Dale