Is
Canada
next?
On
the Plan to Establish a
Sharia Court
in
Ontario
,
Canada
Azar
Majedi
When
I heard about the Sharia court in
Canada
, I first thought it
was a joke. When I realised it was real, that it was really happening; when I
read that soon Islamic courts may become a reality in
Canada
, I was overwhelmed.
I was shocked. It sounded like a fantasy world. As a
friend called it: the Islamic Republic of Canada is coming into being.
I thought of my friends, like Homa Arjomand, who
escaped one Islamic republic only to end up in another. How many Islamic
republics do we have to fight? One in
Iran
,
one in
Afghanistan
,
fighting the creation of another in
Iraq
,
and now one in
Canada
.
I
am sure right now some of you will think: ‘please don’t exaggerate, this
is going too far. This is not about the whole of
Canada
; it is only about
the so-called Muslim community. And it is only going to concern the civil and
the family codes not other legal aspects. You are talking as though there is
going to be stonings on the streets of
Toronto
, and furthermore,
this is a voluntary matter; no one is forced to go to these courts if they do
not choose to. It is purely going to be their choice.’ Fine.
Let’s examine and see whether I am exaggerating or if this statement is
underestimating the graveness of the situation and the extreme risk we are
taking vis-à-vis women’s, children’s and human rights.
Defence
of this legislation is based on fallacies.
The
first is the argument that by creating Islamic courts parallel to the national
courts - that is by allowing every community to have its own judicial system -
we are respecting the rights of minorities, and by doing this we are thereby
creating a less discriminatory society and supposedly a more egalitarian one.
This is a totally false assumption. By defining the rights of communities as
opposed to the rights of individuals or rather citizens, we are discriminating
against a section of the society. We are depriving some citizens of their
equal rights and universal rights recognised by the society. Before the law,
we should recognise citizens and not collectives or communities. By
recognising communities and assigning some arbitrary rights based on a
particular culture or religion to that collective we are leaving the members
of that particular community at the mercy of the inherent power struggle of
the community. The so-called leaders of that community, be it elders or
mullahs, are gaining power over the individuals.
To
recognise two or more sets of values, laws and rights in a single society is a
discriminatory practice. By doing this, we are, in fact, defining different
categories of citizens, and to do that on the basis of different ethnicity,
religion and culture is nothing but racism, pure and simple. We are assigning
different laws, rights and norms and standards to each different ethnic or
religious group.
The
concept of citizen and citizen’s rights are modern concepts achieved by
decades of libertarian struggle. The reduction of the Church’s power over
society is another achievement. The world has made important strides towards
the recognition of concepts such as human rights. In fact, the struggle
against sexism and for women’s rights has been such a process.
In
the case of Islamic courts and empowering them with legal procedures regarding
civil disputes or family disputes, we are leaving women in so-called Muslim
communities at the mercy of Islamic laws and traditions, which are clearly
discriminatory against women. There has been a long battle in countries under
the rule of Islam by the women’s liberation movement to achieve a secular
system and secular legislation in order to diminish discrimination against
women and promote the recognition of equal rights for women in the realm of
family as well as the society as a whole.
The
second fallacy is the argument that says referrals of family disputes to
Islamic courts and Islamic arbitration is voluntary and a matter of personal
choice. This argument sounds very libertarian and legitimate. But this is only
a fancy façade for imposing a patriarchal value system on women and children.
Intimidation and force of communal moral pressure are tools of keeping women
subjugated. No human being in her right mind would choose to deprive herself
of equal rights, and into a subordinate position. Under the patriarchal value
system, such as Islamic traditions and norms, women are deprived of equal
rights in matters such as marriage, divorce, custody and running of family
matters and family disputes. Women in these communities are forced by
intimidation and the communal moral pressure to accept this inequality as the
norm, as the natural and divine law, and to respect it. Creating a legal
system and empowering the so-called leaders of the community with legal powers
as well as religious and moral power will reduce the choice for women to live
a more equal life. It will diminish women’s rights to equal opportunity; it
will isolate women from the broader society and ghettoise their lives. Any
women’s rights activist and analyst will tell you that the family and the
dynamism of family life and family order are the pillars of women’s
subordination in the society. Some argue that Islamic courts only deal with
mundane issues, such as family law. This is a self-serving argument to fog the
real issues involved. The women’s liberation movement has fought long and
hard to reform family laws and the structure of power inside the family. By
recognising Islamic courts we are turning the clock back for women living
under Islamic traditions. The society is duty-bound to offer every woman equal
opportunity and equal access to equal and universal laws. No one has the right
to deny any woman, whether in Islamic communities, Jewish or any other, from
this basic right. In an environment based on patriarchy, an old value system,
and traditions so clearly misogynist, there can be no question of exercising
your choice freely. The choice will be that of the strong partner in the
relationship.
In
the past decades, we have witnessed a glorification of culture as a primary
issue dictating people’s lives and rights. Culture has come to take
precedence over human rights, equality, liberation, rights of individuals,
children’s rights and women’s rights - concepts and issues which have long
been argued and have prominence in modern and civilised civil societies. The
birth of cultural relativism and its recognition in the society as a credible
concept is the result of this process. I ask you why an arbitrary concept such
as culture must be so glorified so as to take precedence over prominent issues
such as freedom, equality and justice. Why should people be categorised and
placed in different pigeonholes according to culture or religion. These should
be private matters. There is no justification for assigning such a prominent
status to culture, which overshadows any sense of justice, equality and
freedom and the achievements of long battles fought by freedom loving people
and socialists for more than two centuries.
I
would like to reflect on another issue here. As it regards Islamic courts, we
are dealing with a movement, which has gained political power in some
influential countries and has become well known internationally: political
Islam. In my opinion, it is a reactionary and misogynist movement. I am
talking to you here as a first hand victim of political Islam. I can show you
here among the audience many more victims of this brutal movement. There are
many women and men here today who have fled the torture, threats of execution
and the humiliation of political Islam. For us to see the seeds of an Islamic
Republic being sown here in
Canada
is terrifying.
Let
me briefly take you back to
September 11, 2001
- the horrific day
that thousands were killed in the most horrendous manner. It was not only the
number of human beings who lost their lives that shook the world but also the
manner in which it happened. As a result of this tragedy, political Islam was
marginalised and came under increasing pressure. The crimes of this brutal
movement in
Afghanistan
and
Iran
were exposed.
People in the world became appalled by the atrocities committed by political
Islam.
However,
the actions taken by the
USA
and
Britain
, the attack on
Iraq
and the
USA
’s bullying
created a ground on which this movement began to build a psychological and
propaganda campaign to present itself as the victim of western racism. It
began to create a feeling of guilt among decent freedom-loving people in the
west. The crimes and atrocities inflicted by the USA in Iraq and against
immigrants and people from Middle Eastern origin became a source that
political Islam came to cash in on to appear as ‘victim’. After that date,
political Islam took our belief in freedom and equality hostage to serve its
own interests. Our decency became a source for their exploitation. The term Islamophobia
came into being. And once more after having pushed back cultural relativism to
the margins, we came to fight a new monster. We were threatened by them and
frowned upon by well-intentioned people for criticising Islam and its
treatment of women, for criticising the veil, especially child veiling. The
political Islamic movement that flogged us, tortured us for not observing the
veil, and made us flee our homes and seek refuge here, now calls us racist. We
should not let this happen. This mockery must be stopped. We should put and
end to this charade of victimization and self-righteousness by a movement that
has terrorised millions of women into submission and subjugation.
It
is true that we are the first hand victims of political Islam, but we are not
mere victims. We belong to a vibrant, dynamic, strong, and progressive
movement, which has fought political Islam not only in
Iran
, not only in
Iraq
, and not only in
the
Middle East
but also here in
the west. We have raised the banner of freedom and equality not only for women
but for humanity and are fighting to push back religion to its rightful place
- that is to the private sphere. We are fighting to diminish the role of
religion in the running of society, to separate religion from education and
the state, and judiciary. We have raised the banner of secularism. We are the
front runner of the secular movement in
Europe
, and now in
Canada
. Women’s rights,
equality and freedom need the secularisation of the society. We have organised
this fight; we are at the forefront of this struggle and we are proud of it.
We will not allow political Islam to take root in the west and we will soon
uproot it in the
Middle East
as well.
Islamic
[In]Justice
On
the Establishment of an Islamic Court in
Canada
Maryam
Namazie
The
‘Islamic Institute of Civil Justice’ or what has become known as the
Sharia Court
has been heralded
by proponents as a multi-cultural way of determining personal and family
disputes for those who ‘choose’ to abide by Sharia law in
Ontario
,
Canada
. We are told it
will promote ‘minority rights’ and that it is equitable, tolerant, and
fair. We are told that if it is not established, the ‘Muslim minority’
will be marginalised and discriminated against. That anything less is racism
pure and simple.
This
is not the case.
Deceptively
sugar-coating an Islamic Court in civil rights terms cannot and will not
conceal the stark realities of Sharia law and its regressive implications for
human beings and Canadian society.
To
begin with, Sharia law is inherently unjust and unfair even if it’s only
being implemented in the area of what some call mundane civil disputes. In
fact, discriminatory family and personal status codes are important pillars in
the oppression of women in Islamist societies. Much of the struggle for
women’s rights has taken shape in countries like
Iran
vis-à-vis these
very aspects of Sharia law. Discrimination and gender-based persecution in
areas of marriage, divorce, child custody and so on
are in fact reasons why many women flee Islamist societies and seek refuge in
Canada
and the west. These
so called ‘mundane’ disputes have cost many a woman and girl her rights
and life in the
Middle East
and
North Africa
. Now, it aims to do
the same in
Canada
.
Yes
we know. Those who avail of the court will ‘choose’ to do so; it will be
completely voluntary. It is interesting how pro-women’s choices the
political Islamic movement becomes when it is vying for power in the west.
Where are the choices for women in
Iran
and
Afghanistan
under Sharia law
and Islamic states? Where is it for women of
Iraq
or
Saudi Arabia
? The political
Islamic movement is renowned for threatening, intimidating, mutilating,
maiming and killing all those who refuse and transgress. Women and girls are
always its first victims.
The
very sham concept of its voluntary nature becomes clearer when you hear Mumtaz
Ali who spearheaded the initiative say: ‘Once
the parties have agreed …they will be committed to it by their prior
consent. As a consequence, on religious grounds, a Muslim who would choose to
opt out at this stage, for reasons of convenience would be guilty of a far
greater crime than a mere breach of contract--and this could be tantamount to
blasphemy-apostasy.’ The penalty of which by the way is execution
under Islamic law in places like
Iran
. Clearly, then,
even a limited
Sharia Court
in
Canada
will increase
intimidation and threats against innumerable women. It will open the way for
further conquests by this reactionary movement.
Now
some say that the Islamic Court will promote ‘minority rights’ and ensure
the fair and equitable treatment of ‘minorities’. In fact, it is just the
opposite.
It
is discriminatory and unfair to have different and separate systems, standards
and norms for ‘different’ people. The concept of an Islamic Court adheres
to a principle of separate but equal similar to that promoted by the former
Apartheid regime of
South Africa
. It was clear then
as it is clear now that separate is not equal. In fact it is a prescription
for inequality and discrimination. It is the Canadian state’s justification
for shrugging its shoulders and excusing itself from its responsibility
towards all citizens living in
Canada
. It maintains
fragmented ‘minority communities’ leaving members of the so-called
community, particularly women and children, at the mercy of reactionary and
parasitical elders and imams. It increases marginalisation and the further ghettoisation
of immigrant communities. It makes immigrants and new arrivals forever
minorities and never Canadian citizens equal before and under the law.
And
that is exactly the problem with the racist concepts of multi-culturalism
and cultural relativism. It promotes tolerance and respect for so-called
minority opinions and beliefs, rather than and often times instead of respect
for human beings. Human beings are worthy of the highest respect but not all
opinions and beliefs are worthy of respect and tolerance. There are some who
believe in fascism, white supremacy, the inferiority of women. Must those
beliefs be respected? There is a big difference between the two.
Multi-culturalism
always gives precedence to cultural and religious norms, however reactionary,
over the human being and her rights. And
it always sees communities as having one homogeneous belief and opinion –
often times taking the most reactionary segment of that community – the
imams and elders’ beliefs - as the belief and culture of the whole.
Multi-culturalism’s
promotion of respect for beliefs and opinions is so strong that even when
rights are violated, women mutilated and killed, girls victimised, respect for
those beliefs and norms take precedence over individual and universal rights.
There is a real contradiction between cultural relativism and multi-culturalism
on the one hand and individual rights on the other.
The
Canadian state is duty-bound to defend the rights of all human beings living
in
Canada
equally often times
despite differing opinions and beliefs. Even if it is the
individual’s belief. Just as it intervenes when a
woman refuses to press charges against an abusive spouse. Just
as it intervenes when parents abuse their children. Everyday, the state
intervenes to protect people. Not necessarily because it likes to but because
civil society and established norms force it to. It must do so here as well.
And
there are some who say opposing the
Sharia Court
and Islamic laws is
racist.
It
is not.
Opposition
to or critiques of or even 'phobias' of ideologies, religions, cultures, laws
or political movements are not racism. Islamophobia
is not racism. Only phobias against people because of their race are racism.
It is only under the New World Order's multi-culturalism
that Islamophobia has been increasingly and
deceptively given legitimacy as a form of racism. The political Islamic
movement labels it such only to silence those who critique it or stand up to
it.
In
fact it is racist to create a
Sharia Court
.
It is racist to discriminate against so-called minorities and deny them
universal and equal rights and standards and the secularism fought for and
established by progressive movements over centuries. It is racist to justify
and ignore violations of civil rights and misogyny under the pretext of multi-culturalism.
It is racist to deny equality of all citizens before the law. It is racist to
create separate legal, social, cultural, religious systems for people deemed
different.
Enough
is enough! The
Sharia Court
in
Canada
is an extension of
that movement that stones women on streets and hangs apostates from cranes on
city squares in
Iran
. It is an extension
of the same movement that has threatened to kill Yanar
Mohammad of the Organisation of Women’s Freedom in
Iraq
for defending
women’s rights there. It is an extension of the same movement that imprisons
women in burqas in
Afghanistan
. It has no right to
speak of civil rights and justice. It is itself a pillar of injustice and rightlessness
in the world today.
A
Sharia Court
in
Canada
?
No way! No How! We will not allow it. Enough is enough!
Islamism
& Multi-culturalism
A
United Camp against Universal Human Rights in
Canada
Azam
Kamguian
In
my speech, I will argue against the Islamic tribunals and will discuss how the
Islamic Sharia law brutally violates human and women’s rights. I will try to
demonstrate how Islamism and multi - culturalism
are a united camp against universal human rights in
Canada
. At the end, I will
emphasise the urgency of stopping the Islamic tribunals in
Canada
.
As
we all know, Islamists in
Canada
have recently set
up an Islamic Institute of Civil Justice to oversee tribunals that would
arbitrate family disputes and other civil matters between people from Muslim
origin on the basis of the Islamic Sharia law. This is the first time in any
western country that the medieval precepts of the Sharia have been given any
validity. One can imagine that the Islamists will use this as a lever to work
for similar recognition in many other western countries. After all, if
Canada
is prepared to
recognise Sharia law in this way why not every other country in the west.
This
move is yet another effort by Islamists to impose the barbaric Sharia law, but
this time on the people in the west. This move belongs to political Islam, a
major force that has brutally suppressed people’s rights and freedom in
general and women’s rights in particular in the
Middle East
. It is a political
movement that came to the fore against the secular and progressive movements
for liberation and egalitarianism in the
Middle East
. In
Iran
, the
Sudan
,
Pakistan
and
Afghanistan
, Islamic regimes
proceeded to transform women's homes into prison houses, where confinement of
women, their exclusion from many fields of work and education, and their
brutal treatment became the law of the land.
Sadly
and unfortunately, the setting up of the Sharia tribunals in
Canada
will be given
validity, due to the reactionary politics of multi-culturalism.
This is yet another fruit of a policy that causes fragmentation; apartheid
based legal system and racism. Of course, this politics of fragmentation and
apartheid suits the purpose of Islamists best. Mr. Mohamed El Masry,
president of the Canadian Islamic Congress, has argued that
Canada
needs "a
multiplicity of laws" to accommodate different groups when their moral
standards clash. Mr. El Masry says the tribunals,
which would include imams, elders and lawyers, will provide Muslims with the
means to settle civil disputes out of court according to their beliefs.
Advocates
for the Islamic tribunals have argued that one of the beauties of free and
open societies in the west is their flexibility. But the very same
‘flexibility” provides the Islamists with the opportunity to impose their
own rigid and oppressive rules on a specific community in the society.
Mr. Momtaz Ali, president of the Canadian
Society of Muslims, and a leading proponent of the Islamic tribunals has said:
"It - the Islamic tribunal - offers not only a variety of choices, but
shows the real spirit of our multicultural society," The very same Mr.
Ali also says: “…On religious grounds, a Muslim who would choose to opt
out … would be guilty of a far greater crime than a mere breach of contract
– and this would be tantamount to blasphemy or apostasy”. You are aware
that blasphemy and apostasy are among the worst crimes in Islam, in many
countries punishable by death.
This
project is against the equality of all citizens before the law, regardless of
race, religion or gender. Such equality does not exist under the Islamic
Sharia law. Sharia tribunals effectively establish a parallel legal system
based on religion, which I believe will lead to an apartheid-based legal
system. The principles of individual freedom and equality before the law
should take precedence over any collective goals that members of a particular
group might claim for themselves.
Many
people from Muslim origin will be pressured into accepting arbitration by the
Islamic Institute on matters of civil and family law. This presents a serious
problem for the rights of particularly women living in
Canada
. The decisions of
the tribunal will be final and binding and will be upheld by the Canadian
courts. The Institute will be applying Islamic Sharia law which is totally
against impartiality of the legal systems. For example, a woman's testimony
under the Sharia counts only as half that of a man. So in straight
disagreements between husband and wife, the husband's testimony will normally
prevail. In questions of inheritance, whilst under Canadian law sons and
daughters would be treated equally, under the Sharia daughters receive only
half the portion of sons. If the Institute were to have jurisdiction in
custody cases, the man will automatically be awarded custody once the children
have reached an age of between seven and nine years. Given this inequality it
is particularly worrying that there will be no right of appeal to the Canadian
courts. The principle being that if both parties in a dispute willingly submit
to Islamic arbitration, they can't complain when they lose.
The
problem here is the word "willing". Too many women from Muslin
origin living in the west still live in Islamic and patriarchal environments
where the man's word and pressure from the community is law. It will take a
brave woman to defy her husband, and to refuse to have her dispute settled
under Islamic law when her refusal could be equated with hostility to the
religion and apostasy. To this is added the problem that going to a Canadian
court will take longer and cost more. There is no reason however why
arbitration service under Canadian law could not be used instead. The danger
is that once these tribunals are set up people from Muslim origin will be
pressured to use them, thereby being deprived of many of the rights that
people in the west have fought for centuries.
In
virtually every western country with a sizeable Muslim minority there is
pressure from Islamists for a separate civil and criminal law. They seek to
establish their own state to oppress people, legally and officially. There
must be no state within a state. Yet this is precisely the objective that the
Islamic advocates are pursuing. They argue that it is their duty as good
Muslims to work for precisely this end. And this end precisely leads to more
forced marriages, more honour killings, more Islamic schools, more FGM-s done
secretly, and more harassment and intimidation towards women and girls in
ghettos.
In
Islam, as Mr. Momtaz Ali has said, there is no
separation between religion and the law. But in the contemporary civilisation,
laws are seen as the work of man and as such can be changed in the light of
changing circumstances. In Islam, the law is against universal women and human
rights, but is God’s law, and change is impossible.
Islamic
Sharia law should be opposed by everyone who believes in universal human
rights, women's civil rights and individual freedom, freedom of expression,
freedom of religion and belief and freedom from religion. Islamic law
developed in the first few centuries of Islam and incorporated Middle Eastern
pre - Islamic misogynist and tribal customs and traditions. We may ask how a
law whose elements were first laid down over 1000 years ago can be relevant in
the 21st century. The Sharia only reflects the social and economic conditions
of the time of Abbasid and has grown out of touch with all the human's social,
economic, cultural and moral developments. The principles of the Sharia are
inimical to human's moral progress and civilised values.
Islamic
law forcefully opposes free thought, freedom of expression and freedom of
action. Accusations of impurity, of apostasy are waiting to silence any voice
of dissent. Suppression and injustice shapes the lives of all free minded
people. One is borne and labelled Muslim, and one is forced to stay Muslim to
the end of their life. Islamic law denies the rights of women and non- -
Muslim religious minorities. Non -believers are shown no tolerance: death or
conversion. Jews and Christians are treated as second - class citizens.
Under
the Sharia, for over two decades, millions around the world have fallen
victim: countless people have been executed, beheaded, stoned to death, had
their limbs cut off, flogged and maimed, bombed to pieces and routed. In
countries which have proclaimed an Islamic state, such as
Iran
, the
Sudan
,
Pakistan
, some states in
Northern Nigeria
, and
Afghanistan
, we have already
seen the pernicious effects of the Sharia.
Human
rights and the Sharia are definitely and irremediably irreconcilable and
antagonistic. Universal human rights are essential to ensure a certain
standard of living for people across the globe. It is not acceptable to let
governments and authorities away with many of the abuses by using multi - culturalism
as an excuse. We cannot let multi-culturalism
becomes the last refuge of repression. To accept religion as a justification
for human rights abuses is to discriminate against the abused and to send the
message that they are un-deserving of human rights protection.
Multi-culturalism
is a cover to create a comprehensive social, legal, intellectual, emotional,
and civil apartheid based on distinctions of race, ethnicity, religion and
gender. This complete system of apartheid attacks women’s basic rights and
freedom and justifies misogynist rule inflicted on women by Islamists. Any
attempt to restrict human and women rights in the name of religion and
culture, or defining freedom and equality according to different cultures and
religions is racist.
Our
contemporary society is far larger, diverse and complex than the small
primitive tribal society in
Arabia
, 1400 years ago,
from which Islam emerged. It is time to abandon the idea that anyone should
live under the Sharia. More than ever before, people need a secular state as
well as a secular society that respects freedom from and of religion, and
human rights founded on the principle that power belongs to the people and not
to God. It is crucial to oppose the Islamic Sharia law and to subordinate
Islam to secularism and secular states.
I
call upon all secularist forces and freedom-lovers to stand up and protest
against the setting up of Islamic tribunals in
Canada
. All progressive
people should make a joint effort to stop Islamism and multi – cultural
politics of the Canadian authorities from violating the universal human rights
and our civilised values.
Campaigning
against the
Sharia Court
in
Canada
Homa
Arjomand
The
reasons given for a
Sharia Court
in
Canada
by Islamists and
their multi-culturalist supporters are not what
they seem. They say Muslims do not want their family problems to be made
public; these tribunals will deal with civil disputes not criminal matters;
one can choose not to go before the Sharia tribunal; and that it will take
less time than a Canadian court and cost less.
Let
me address each one separately. Why do the initiators of the proposal not want
family disputes to be publicised outside of their ‘communities’. In
communities where Sharia law interferes with people’s lives, family problems
are not simply disagreements between a man and a woman and who gets what.
In fact, private matters and religion are closely linked together. To
make my point clear, I would like to present one case study I have come across
in my social work. I have a client in
Toronto
who was taken out
of school by her parents at the age of 15 and forced to marry a 29 year old
man; according to Sharia, she is married whilst under the Canadian legal
system she is not. At the age of 16, this young pregnant girl is going through
separation because of domestic abuse. In a secular court, the fact that she
was forced to marry at a young age is considered a crime and her husband will
be charged for assault and child abuse. As for her parents, they too will be
charged. The Children’s Aid Society will get involved and if they have any
other children younger than 16, all will be moved out to the Aid Society’s
care. While in the eyes of the Sharia tribunal no crime has taken place and
the matter is a civil one, which can be resolved by the Islamic tribunal,
under the modern secular system of
Canada
, the child will be
immediately protected and the abusers prosecuted.
Moreover,
proponents say that the Sharia tribunal is optional for those who decide to
use it. My question is optional for whom? Muslim women lose their options
right at birth. But for the sake of argument, let’s go back to our case
study. Let us say that the 15 year old girl refused to accept the forced
marriage, and made a complaint against her parents to a secular court. I
don’t know if that would have happened in reality due to social and
financial restrictions. What do you think would have happened to her? I know
it is hard to imagine. Her family would disown her for sure. For a moment,
imagine being born and brought up in such a family and the so-called Muslim
community, being made to study in an Islamic school and never having the
chance to integrate within society; and then being disowned by not only your
family but also the entire community. No wonder she chose marriage over
isolation. I think it is fair to say that she had no choice, even though she
could have filed a complaint. As I mentioned before, her choice was taken away
right at birth. In her case, after going through tremendous abuse (verbal,
mental, financial and sexual) for eight long months and being five months
pregnant, she could not take it anymore.
What are her choices now before the tribunal? Because she married
according to the Sharia, in the eyes of her community and family, her divorce
has to be in accordance with the Sharia too or else it will not be legitimate!
Proponents
go on to say that the tribunal costs less and takes less time. During a
recession, these two excuses may be acceptable for the government and its
right-wing parties. They may think that whatever reduces costs of social
services, health care, education and social justice is to their advantage but
what would the consequences of these low costs be?
And who will pay the price? How much damage will it do to humanity? It
is not their problem. The above two ‘solutions’ are exactly the same as
letting an unskilled layperson do heart surgery on patients in order to reduce
the cost of paying a skilled heart surgeon; the percentage of survivors in
this case is obvious. Or discharging a sick patient right after her critical
operation in order to bring down the costs of the hospital or to be able to
shorten the process of recovery!! If this is not inhuman, then what is it?
My
point is why should Muslim women pay a heavy price to bring down costs?
If the cost of courts are high and the process is long because of its
bureaucracy, then it is everyone’s duty to fight it and make sure that the
justice system is fair and affordable for everyone, while remaining secular
and modern.
And
finally, we often hear people saying, this is not your problem; why do you
care? This is what Muslim women want. Modern society is not built of different
clans and tribes that can make their own laws and practice it without
affecting others. A modern, secular society has its own norms and standards.
We have gained them by going through harsh struggles over many years. The
rights to live, education, health, to socialise and have a social life, and
all other rights such as the rights of gays and lesbians and children, etc.
make up the society’s standards and norms. The disturbance of any will
affect others. For example, it is not acceptable to physically discipline
children. In fact it is considered abuse and has legal consequences. When some
Amish people claimed that it was their right to physically punish their
children and had nothing to do with others as they were doing it out of love
for their children, society opposed it. And we had every right to do so. It is
exactly the same in the instance of the ‘right’ to have the Islamic
Institute of Civil Justice. It must be opposed nationally and internationally
as it will diminish our social norms and standards.
In the real world, not every ‘right’ is or should be respected,
such as the right to commit suicide, drink and drive, institutionalise male
domination, gender apartheid and segregation between man and women and so on.
Whether all Muslim women want it (as they falsely claim), 1,000,000 people
demand it or just one does not affect the argument.
We
still have many long hard challenges ahead for the separation of the state and
administration from religion, ethnicity, nationalism, racism and any ideology
that contradicts the absolute equality of all in civil rights and before the
law. Fighting the Sharia tribunals is one important step in defending
universal rights for all those living here in
Canada
.
The
above speeches were made on
March
8, 2004
,
International Women’s Day at a panel debate organised by the International
Campaign against the
Sharia
Court
in
Canada
to debate the planned establishment of a
Sharia
Court
in
Ontario
,
Canada
.
The successful panel was organised by Homa Arjomand,
the Campaign’s Coordinator. To join or find out more about the campaign to
stop the Sharia court in
Canada
,
contact Homa Arjomand at homawpi@rogers.com,
visit the website: http://freehost14.websamba.com/noshariacourt
and sign the petition online: www.petitiononline.com/pasc1361/petition-sign.html.
A
Political Challenge on a Global Scale
Islamic
Courts in
Canada
Mohsen
Ebrahimi
The
struggle to establish Islamic tribunals in
Canada
, like similar
efforts to enforce the hijab
in public institutions and schools in
France
, is not merely a
cultural effort to pursue cultural rights. Both the aims of and the forces
behind these efforts are political. These attempts are part and parcel of one
of the most reactionary global phenomena in recent history, i.e. the movement
of political Islam.
Islamist
circles in
Paris
,
London
and
Toronto
are the extensions
of the Islamic Republic in
Iran
, the Taliban and Mojahedin
in
Afghanistan
, the Supreme
Council for Islamic Revolution in
Iraq
, and plenty of
other Islamic groups in
Pakistan
,
Saudi Arabia
,
Chechnya
and other parts of
the world. This monster has plenty of heads and tails. The Islamic Republic of
Iran at its head has savagely ruled for 25 years and is now being challenged
by a huge secular movement of the people of
Iran
. Ironically, while
the head is being smashed in its stronghold by a secular movement, the tails
are challenging the secular values in the west. The head is being attacked in
Iran
by a secular
movement; the tails are attacking secularism in
Paris
,
London
and
Toronto
.
What
is going on here? How is this possible? It may look a bit complicated but some
answers are rooted in the horror of September 11 and its political aftermath.
Immediately
after the massacre of more than 3000 people by Islamic terrorists on September
11, the
USA
and the Islamic
movement, formerly old friends, became new foes. A bloody duel began between
two long-time friends, the state terrorism of the
USA
and Islamic
terrorism. The state terrorism of the
USA
needed a fresh
‘great Satan’ to replace the recently collapsed
Soviet Union
which served as a
long-lasting ‘Satan’ during the cold war. With the horror of September 11,
Islamic terrorism became the most fitting alternative to play this role.
But,
the strategists of the New World Order were wise enough not to put all their
eggs in one basket. They consciously divided political Islam into Islamic
fundamentalists, Islamic terrorists, and moderate Islam. They smashed Islamic
terrorism while cosy-ing up to ‘moderate’
Islam. Islamic terrorism was used to justify
US
militarism and
‘moderate’ Islam was still kept as a potential force against the Left
movement in other parts of the world. No wonder George Bush, Jack Straw, and
Schroeder began to compete with the grand Ayatollahs of Islam in the
interpretation of the Koran and Islamic teachings.
In
the eyes of western states, and in fact with the help of them, the Islamic
movement can now operate in a new, moderate and modern disguise: moderate
Islam! And they did. Plenty of clerics in the west suddenly became the
vigilant advocates of moderate Islam! They are not terrorists; they are
‘moderate’ fighters against secular values in the west. They are not
terrorists; they are ‘moderate’ advocates for the institutionalisation of
the hijab
– the symbol of women’s inferiority in Islamic culture and
Islamic politics – in
France
! They are not
terrorists; they are ‘moderate’ advocates of establishing Islamic courts
in
Canada
! They are
‘moderate’ forces of religious values against secular values.
In
the aftermath of September 11, racist groups intensified racism against
citizens categorised as Muslims. They failed because the people in the west
rightly did not want to be labelled as the supporters of this organised racist
reaction. They rightly defended the rights of every citizen, regardless of
religion, race, colour, gender and nationality. While this attitude attracted
the respect of ordinary people, Islamic groups were ready to hypocritically
take advantage of this progressive atmosphere. They used it to promote their
politico-religious causes. They began to present themselves as ‘oppressed’
representatives of an oppressed ‘minority’. People in the west were for
the rights of citizens to live in a secure environment; Islamic groups used it
to promote Islamic values to undermine the rights of the same citizens.
While
in their stronghold in the
Middle East
, the Islamic
movement is being challenged by secular movements, in the west, the Islamic
movement is attempting to erode long established secular values. It is
struggling to win in the west, what it is already losing in Islam-stricken
countries.
Both
the strong movement against the Islamic Republic in
Iran
and the strong
turnout in
France
in favour of
banning the hijab
in public places and schools are indicative of the strength of the
secular movement against political Islam.
The
atrocities of political Islam are global. The stoning to death in Iran and
Afghanistan, the struggle to enforce the hijab
in public places in France, the attempt to set up Islamic courts in Canada are
all various parts of one and the same phenomena: political Islam. The threat
is global. The fight against it must therefore be waged on a global scale. We
must stand up, defend our secular values, and defeat them.
The
above is a part of a longer article written in English under the same title.