Background & purpose of the system 1 basic institutions, processes, and players 3


Even in a local court, we might apply all sorts of norms and traditions and different laws that may apply to the case



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Legal Process II (Farrow) - 2021 Winter
Even in a local court, we might apply all sorts of norms and traditions and different laws that may apply to the case



Trevor C.W. Farrow, “Re-Framing the Sharia Arbitration Debate” Ismaili Conciliation and Arbitration Board of Canada


The Idea:

  • Resolves disputes equitably within framework of Islamic concepts of unity, universal brotherhood, justice, tolerance and goodwill

  • Excels as an alternative dispute resolution body

  • Recognized, admired, and respected within and outside the Jamat; especially by the Canadian judicial system

  • Strives for ethical, effective and efficient dispute resolution

The Debate:

  • People found out that there were Imams saying come to our mosk and we will help you resolve your disputes with arbitrations/mediations

  • This was nothing new, just describing what was happening for centuries

  • But became public

  • Then the xenophobic public freaked out, thought that Ontario was guided by Sharia law

  • Several rights and interests are engaged by this debate, including religious freedom, gender equality, the rights of children, the role of the state in family law etc.

  • This debate is really a red herring for the ongoing systematic privatization of the Canadian public civil justice system


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