Sharia and a Woman's Right to Choose

I am not at all happy at the new plan to ban all religious arbitration in Ontario, in order to prevent the use of sharia law. Bad move; bigoted move.

It endorses and promotes prejudice against Islam. One reads outrageous claims like this:

“But fundamentalist Islam, in particular, can be harsh, [Homa Arjomand, an Iranian immigrant] said.

‘Divorces are happening behind closed doors and the woman is banned from having custody of her children,’ Ms. Arjomand said. ‘She is being sent back to her home country to live with her relatives.’” (Globe & Mail)

That might be happening, but not under sharia. According to sharia, the mother gets custody of younger children, the father gets older children. Much fairer than the Canadian system, in which the mother almost always gets full custody. The mother may choose to live with relatives, but she gets alimony or a lump sum settlement. Unless she is judged to be at fault in the divorce; but that is as it should be.

June Callwood raised the ridiculous canard that a woman might be stoned to death as part of a divorce settlement.

It also looks terrible that a system that has been used by other religious groups for fourteen years without trouble suddenly becomes intolerable when used by Muslims. What else is that but anti-Muslim discrimination? What else is that but intolerance of Islam?

Allowed for settling marital disputes outside the courts had several great advantages. First, the courts cannot or will not keep up with their caseload; and justice delayed is justice denied. Second, courts are terribly expensive for all concerned. Allowing independent arbitrators saved a huge amount of taxpayer money, and a huge amount of money for those seeking a divorce. Third the courts are set up to be adversarial. Religious arbitration is not. In particular, any sharia court works hard to keep the marriage together.

Accordingly, using religious arbitration kept families together. If the marriage broke up, it was far likelier to end on amicable terms. Both parties were more likely to end up with a settlement they were happy with. And both parties were better off for keeping their money instead of spending it on lawyers.

All benefits for the parties concerned, and all beneficial to society as a whole. A win-win-win situation. All lost due to prejudice.

Feminists argued that sharia law would be unfair to women. This claim is itself unfair to women. For application of sharia law was voluntary.

Literally, here feminists are denying women the right to choose, to make their own decisions, to control their own lives. They must not be permitted the right to choose to be Muslims.

The feminists argue that Muslim women would be unduly influenced to agree to sharia law. Even though decisions of a sharia court could be appealed.

But if women cannot be trusted to make their own decisions, if they are so vulnerable to being “influenced,” what does this say about their ability to hold responsible positions, or indeed to enter into other contracts?

It would seem that, in the eyes of feminism, women should not be “persons” in law. They cannot be expected to behave responsibly.