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The Muslim delegates at the October conference (Law Times photo)
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OTTAWA,
Canada, November 29 (IslamOnline.net) – In the latest effort in a
long struggle to have Shari'a recognized in Canada, Muslim leaders in
the country elected a 30-member council to establish a judicial
tribunal for Muslims, a Canadian newspaper reported Friday, November
28.
The
move is designed to persuade Canadian courts to uphold decisions made
under the Muslim law, Ottawa Citizen newspaper said.
Jamal
Badawi, the spiritual leader of the Islamic Association of the
Maritime provinces, said Muslims in the U.S. and Britain already have
similar juristic councils that render decisions which are routinely
upheld by the courts.
Husain
Bhayat, one of the campaign's organizers, said the Muslim community in
Canada, the country's largest minority, could give thumbs-up to the
move by making the tribunal representing different schools of Islam,
namely the Sunnis and the Shiites.
"It
seems as if the community was looking forward to something like this.
If all groups are represented, with hard work and the unity we saw
here, we will have no difficulty going forward," Bhayat told the
Canadian Law Times.
Syed
Mumtaz Ali, a pioneering Canadian Muslim lawyer who struck the first
blow in the campaign for recognition of Islamic law in 1962 , told the
Times that the proposed tribunal did by no means indicate that Muslims
in Canada would not follow the country's set of laws.
"We
are required by our own law to follow the laws of the country and to
follow our own laws. We have a double obligation. You don't have to be
the wisest man to see there will be conflicts," he said.
On
October 21, Muslim leaders in Canada gathered at the International
Muslim Organization Hall in Etobicoke, Ontario, and elected a
30-member council to establish a judicial tribunal to be known as the
Islamic Institute of Civil Justice.
There
was only one woman present at the convention. Bibi Zainob Baksh
attended in her capacity as president of the Ladies' Muslim
Organization.
The
proposed tribunal, if ratified, would set up committees across the
country to arbitrate in marital breakups and other civil or business
disputes, and then submit the agreements under Shari'a law to secular
courts for ratification.
What
makes it possible for Muslim committees to get Canadian legal
recognition of settlements according to Shari'a is the recent changes
in provincial arbitration acts, which make it possible for Muslim
committees to enforce settlements, the Ottawa Citizen said.
Last
May, a
census showed that Islam had become the number one non-Christian
faith in Quebec and Canada as a whole.