Download or read book Family Arbitration Using Sharia Law written by Natasha Bakht and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 commitment to upholding both a policy of multiculturalism and an international obligation towards women's rights. Although these values need not necessarily conflict, in this context, they have carried a tension that must be reconciled. This paper will examine the legal implications of faith-based arbitration tribunals in family law, with a particular emphasis on the impact that Sharia could have on Muslim women in Ontario.

Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How mediation and religious dispute-resolution mechanisms operate within diverse communities

Download or read book Debating Sharia written by Anna Korteweg and published by University of Toronto Press. This book was released on 2012-05-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Islamic Institute of Civil Justice announced it would begin offering Sharia-based services in Ontario, a subsequent provincial government review gave qualified support for religious arbitration. However, the ensuing debate inflamed the passions of a wide range of Muslim and non-Muslim groups, garnered worldwide attention, and led to a ban on religiously based family law arbitration in the province. Debating Sharia sheds light on how Ontario's Sharia debate of 2003-2006 exemplified contemporary concerns regarding religiosity in the public sphere and the place of Islam in Western nation states. Focusing on the legal ramifications of Sharia law in the context of rapidly changing Western liberal democracies, Debating Sharia approaches the issue from a variety of methodological perspectives, including policy and media analysis, fieldwork, feminist examinations of the portrayals of Muslim women, and theoretical examinations of religion, Sharia, and the law. This volume is an important read for those who grapple with ethnic and religio-cultural diversity while remaining committed to religious freedom and women's equality.

Download or read book Sharia Tribunals Rabbinical Courts and Christian Panels written by Michael J. Broyde and published by Oxford University Press. This book was released on 2017-05-31 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

Download or read book Family dispute arbitration and Sharia law written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In defence of the new proposal, Syed Mumtaz Ali, President of the Canadian Society of Muslims and founder of the Islamic Institute of Civil Justice, responded that denying Muslims the right to conduct Sharia-based family dispute arbitrations would be an egregious violation of the Canadian commitments to multiculturalism and religious freedom as enshrined in the Charter of Rights and Freedoms. [...] Other significant changes were made to the Arbitration Act and four Acts relating to matters of family law.3 On the one hand, Ontario's solution rested on a prodigious input of legal analyses, but on the other hand, that scholarship flourished in the heat of a sizzling value-laden battle over the nature of justice, women's rights and the meaning of the Charter. [...] The sequence she recommends fuels the suspicion that, in her view, the lawyer's role is to impart information about the legal nature of the arbitration, with no account taken of the nature of the dispute itself or the particular circumstances of the party. [...] One scholar unabashedly describes her intention in a paper on the use of Sharia law under Ontario's Arbitration Act as follows: • Key sections of the Arbitration Act will be examined and contrasted with the reality of how such clauses are likely to be interpreted to the disadvantage of women.9 What are the fruits of the combination of sensitivity and determination expressed here?. [...] However, that would not be necessary to the de facto status of the ruling as a binding resolution of the dispute in the eyes of the parties and the arbitrator.

Download or read book Gender and Justice in Family Law Disputes written by Samia Bano and published by Brandeis University Press. This book was released on 2017-05-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently, new methods of dispute resolution in matters of family law-such as arbitration, mediation, and conciliation-have created new forms of legal culture that affect minority communities throughout the world. There are now multiple ways of obtaining restitution through nontraditional alternative dispute resolution (ADR) mechanisms. For some, the emergence of ADRs can be understood as part of a broader liberal response to the challenges presented by the settlement of migrant communities in Western liberal democracies. Questions of rights are framed as "multicultural challenges" that give rise to important issues relating to power, authority, agency, and choice. Underpinning these debates are questions about the doctrine and practice of secularism, citizenship, belonging, and identity. Gender and Justice in Family Law Disputes offers insights into how women's autonomy and personal decision-making capabilities are expressed via multiple formal and nonformal dispute-resolution mechanisms, and as part of their social and legal lived realities. It analyzes the specific ways in which both mediation and religious arbitration take shape in contemporary and comparative family law across jurisdictions. Demarcating lines between contemporary family mediation and new forms of religious arbitration, Bano illuminates the complexities of these processes across multiple national contexts.

Download or read book Legal Pluralism in Muslim Contexts written by Norbert Oberauer and published by BRILL. This book was released on 2019-05-20 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasising an empirical research to contemporary legal pluralist settings in Muslim contexts, the present collected volume contributes to a deepened understanding of legal pluralist issues and realities through comparative examination. This approach reveals some common features, such as the relevance of Islamic law in power struggles and in the construction of (state or national) identities, strategies of coping with coexisting sets of legal norms by the respective agents, or public debates about the risks induced by the recognition of religious institutions in migrant societies. At the same time, the studies contained in this volume reveal that legal pluralist settings often reflect very specific historical and social constellations, which demands caution towards any generalisation.

Download or read book Family Dispute Arbitration and Sharia Law written by Larry Resnick and published by . This book was released on 2000 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Islamic Family Law in a Changing World written by ʻAbd Allāh Aḥmad Naʻīm and published by Zed Books. This book was released on 2002-08 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In "Islamic Family Law in a Changing World," Abdullahi A. An-Na'im explores the practice of the Shari'a, commonly known as Islamic Family Law. An-Na'im shows that the practical application of Shari'a principles is often modified by theological differences of interpretation, a country's particular customary practices, and state policy and law.

Download or read book A Geo Legal Approach to the English Sharia Courts written by Anna Marotta and published by BRILL. This book was released on 2021-12-20 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study on the Islamic ADR institutions in England through the lens of Comparative Law and Geopolitics.

Download or read book The Case for American Muslim Arbitration written by Rabea Benhalim and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated parties, like commercial entities, by supplying arbitrators able to navigate the intricacies of both Islamic and American law. To be sure, a new arbitral system would not be a perfect solution. Like other forms of religious arbitration, and like commercial arbitration, the new system would provide benefits, but also create potential drawbacks. The benefits would include promoting freedom of contract and subject matter specialization and reducing the burden on civil courts. The potential drawbacks include imbalances of power between contracting parties, adhesion contracts, and disenfranchisement of vulnerable populations. Taking these benefits and concerns into consideration, American Muslim arbitration needs to be structured with various internal safeguards to protect vulnerable populations and ensure the decision to arbitrate is voluntary, especially in family law cases. The Article makes one further claim: Muslim arbitration in the United States would provide a positive influence on the development of Islamic law. At a minimum, the creation of these tribunals should not be dismissed based on preconceived, Islamophobic notions of how Islamic law might be enforced in the United States, which are likely founded on misperceptions. But what is more, by moderating precedents developed in other, more unequal cultural settings, the new tribunals could aid the development of 21st century Islamic law

Download or read book Sharia and Constraint written by Christopher Cutting and published by . This book was released on 2013 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 faith based arbitration to Muslims in Ontario in family law matters such as divorce, custody, and wills. This announcement precipitated a media storm. Participants in the public debate on faith based arbitration, or what came to be called the "sharia debate", worried that vulnerable people such as Muslim women and children might not receive fair treatment by faith based arbitrators. Although, these were legitimate concerns, I argue that much of the public discourse was deeply Islamophobic, and factually wrong in several respects. I argue that the media played an important role in advancing what I call imperial secularism and what others have called colonial feminism. Furthermore, no one knew what was taking place on the ground in Muslim communities with regard to alternative dispute resolution of family law matters generally. My fieldwork research revealed two unanticipated results. First, the vast majority of Muslim adherents seeking out alternative dispute resolution services related to family law matters were Muslim women rather than Muslim men. Second, the vast majority of Muslims seeking out these services were looking for a religious divorce in addition to a civil divorce so that they could remarry within their religious community. They were not on the whole seeking guidance on matters, for example, regarding custody, division of family assets, or support payment amounts upon divorce. The Dalton McGuinty government ultimately decided to ban faith based arbitration, making its announcement on September 11, 2005. However, I argue that due to de facto legal pluralism there are several other avenues for making religious legal traditions legally enforceable, for example, through faith based mediation, if the disputants agree to enter the results of a mediation into a separation agreement. I argue that this apparent oversight of the resulting policy is in part due to a public discourse that treated vulnerable people generally and Muslim women in particular paternalistically as ???children??? in need of rescue. I argue however that given the realities of Canada???s Family Law Act, it is crucial to develop policy that recognizes vulnerable people as agents, facilitating agency rather than essentially denying it. Furthermore, my fieldwork suggests that many of the practices of Muslim faith mediation are much more reasonable than several participants in the public debate assumed, questioning the Islamophobic tone of the public debate. However, there are still risks in faith based mediation and the like, and for that reason I make several policy recommendations designed to facilitate the agency of vulnerable people to protect themselves. Notably, Orthodox Jewish communities have been using faith based arbitration for several years. Therefore, I conducted research to see how the McGuinty government???s decision affected them. The unanticipated result was that very little had changed in practice for Jewish communities precisely because of de facto legal pluralism. I argue that the Islamophobic discourse of the public ???sharia debate??? and the limited policy formed following the debate are the result in part of imperial secularism and colonial feminism. Therefore, I argue that anti-imperial secularism and post-secular feminism should be developed within Canada???s larger multicultural framework in order to promote improved public discourse and public policy that treats vulnerable people generally and Muslim women specifically as agents rather than as ???children??? in need of paternalistic rescue.

Download or read book Gender Religion and Family Law written by Lisa Fishbayn Joffe and published by UPNE. This book was released on 2013 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Groundbreaking theoretical and legal approaches to resolving conflicts between gender equality and cultural practices

Download or read book Islamic Divorce in North America written by Julie Macfarlane and published by Oxford University Press. This book was released on 2012-04-30 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy-makers and the public are increasingly attentive to the role of shari'a in the everyday lives of Western Muslims, with negative associations and public fears growing among their non-Muslim neighbors in the United States and Canada. The most common way North American Muslims relate to shari'a is in their observance of Muslim marriage and divorce rituals; recourse to traditional Islamic marriage and, to a lesser extent, divorce is widespread. Julie Macfarlane has conducted hundreds of interviews with Muslim couples, as well as with religious and community leaders and family conflict professionals. Her book describes how Muslim marriage and divorce processes are used in North America, and what they mean to those who embrace them as a part of their religious and cultural identity. The picture that emerges is of an idiosyncratic private ordering system that reflects a wide range of attitudes towards contemporary family values and changes in gender roles. Some women describe pervasive assumptions about restrictions on their role in the family system, as well as pressure to accept these values and to stay married. Others of both genders describe the gradual modernization of Islamic family traditions - and the subsequent emergence of a Western shari'a--but a continuing commitment to the rituals of Muslim marriage and divorce in their private lives. Readers will be challenged to consider how the secular state should respond in order to find a balance between state commitment to universal norms and formal equality, and the protection of religious freedom expressed in private religious and cultural practices.

Download or read book Women and Muslim Family Laws in Arab States written by Lynn Welchman and published by Amsterdam University Press. This book was released on 2007 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of Arab states have recently either codified Muslim family law for the first time, or have issued amendments or new laws which significantly impact the statutory rights of women as wives, mothers and daughters. In Women and Muslim Family Laws in Arab States Lynn Welchman examines women's rights in Muslim family laws in Arab states across the Middle East while also surveying the public debates surrounding the issues. The author considers these new laws alongside older statutes to comment on the patterns and dynamics of change both in the texts of the laws, and in the processes through by which they are drafted and issued. She draws on original legal texts and explanatory statements as well as on extensive secondary literature particular to certain states for an insight into practice, and on; interventions by women's rights organizations and other parties to the debate in the press and in advocacy materials. The discussions are set in the contemporary global context that 'internationalises' the domestic and regional debates.The book considers laws in states from the Gulf to North Africa in regard to their approaches to issues of codification processes and issues of and of registration, capacity and guardianship in marriage, polygyny, the marital relationship, divorce and child custody. -- Publisher description.

Download or read book International Law and Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.

Download or read book Research Handbook on Islamic Law and Society written by Nadirsyah Hosen and published by Edward Elgar Publishing. This book was released on 2018-09-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Islamic Law and Society provides an examination of the role of Islamic law as it applies in Muslim and non-Muslim societies through legislation, fatwa, court cases, sermons, media, or scholarly debate. It illuminates the intersection of social, political, economic and cultural factors that inform Islamic Law across a number of jurisdictions. Chapters evaluate when and how actors and institutions have turned to Islamic law to address problems faced by societies in Muslim and, in some cases, Western states.