No to Sharia Law in Canada

Marzeporgohar Party:

2005-09-11 The legalization of Sharia Law in Ontario is one of the major threats facing Canadian women today. If accepted as law by the Ontario Liberal Government it will be a major step back for human rights in Canada.

It was on October 21st 2003 in a meeting held in Toronto where delegates from Islamic groups who are active in North America came together and elected a 30 member council with the mandate of establishing a chamber of judgement known as Islamic Institute of Civil Justice. The purpose of this institution is to legalize Sharia Law in Ontario, in regards to Family Law. If this mandate is approved by the government of Ontario it will affect all aspects of family law including divorce, adoptions, custody and inheritance rights.

This will be a major step back for the rights of women and children in Canada. These courts will also constitute direct violations of human rights in Canada. S. 15 of the Charter of Rights and Freedoms States " Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or physical disability." Unfortunately if Sharia Law is enforced in Ontario it will take away the equality of women under the law. Instead of being subject to the same family law as everyone else, Muslim women who go through Sharia courts will be exposed to a brutal and patriarchal law. This law allows men to have up to 4 wives, it does not allow for equal rights when it comes to divorce and almost always gives the custody of children to men. Sharia law allows for the male relatives or the spouse of the woman to control almost every aspect of her life, without her having any say in these matters.

The proponents of this barbaric law have tried to argue that this arbitration process will be voluntary and women who do not like the outcome of this arbitration process can always apply to Ontario Family Courts. Unfortunately this argument assumes equality between the sexes and freedom of choice for women. In many instances this is not the case. First many of these women may have language and educational barriers which will keep them from even knowing their rights in Ontario. Second Sharia law is extremely patriarchal and at almost every instance empowers the men while oppressing women. It will be extremely difficult for women to break away from this cycle of oppression and to try to assert their rights. Many factors such as fear of the spouse or male relatives or fear of isolation may keep them from ever going against the wishes of these individuals and trying to stand up for themselves.

The Marzeporgohar Party which is made up of Iranians for a Secular Republic condemns Sharia Law and any attempts by the Ontario governemtn to legalize Sharia law and in dong so to assist oppression and human rights violations against women. We urge the Liberal Government to remember that Canada is a secular country and everyone is equal before the law. It is these two principles that guarantee that everyones rights are protected under the law. We strongly urge the Liberal Government to stop any attempts which may try to alter the concepts of secularism and equality in Canada.

Setare Kaviyan

Human Rights Committee

Marzeporgohar Party

Iranians for a Secular Republic