MARC 主機 00000nam 2200000 a 4500 001 AAINR32309 005 20080916155632.5 008 080916s2007 ||||||||s|||||||| ||eng d 020 9780494323090 035 (UMI)AAINR32309 040 UMI|cUMI 100 1 Manjikian, Sevak 245 10 Islamic law in Canada: Marriage and divorce|h[electronic resource] 300 284 p 500 Source: Dissertation Abstracts International, Volume: 68- 10, Section: A, page: 4392 502 Thesis (Ph.D.)--McGill University (Canada), 2007 520 Islamic Law in Canada: Marriage and Divorce provides an analysis of how Canadian society and the Canadian judicial system have responded to the use of the Shari'a to resolve issues relating to Islamic marriage and divorce in Canada. This dissertation explores two instances where Canadian society has been forced to address the role of the Shari'a in Canada and its interaction with Canadian laws and values. The first involves the debate that took place in Ontario over the last decade concerning the use of Islamic arbitration in family matters. This public debate ultimately led to the rejection of faith-based arbitration in that province, a decision apparently consistent with traditional Canadian attitudes towards multiculturalism. The second area of interaction between Canadian and Islamic law is within the Canadian court system itself. In particular, Canadian judges are occasionally required to grapple with Islamic family law issues when rendering judgments on certain cases that appear before them. This dissertation will examine a number of such cases in order to illustrate how the Shari'a has been addressed by Canadian judges. The overall aim of this work is to situate Islamic law within Canada's liberal framework. It is argued that although Canadians are amenable to certain levels of diversity, values that fall outside mainstream liberalism are not granted recognition. This dissertation will also demonstrate that the failure to legitimize Islamic arbitration represents a lost opportunity that would have broadened the scope of Canadian justice to include minority voices. The decision to reject faith- based arbitration will motivate some Muslims to seek justice from ad-hoc bodies of authority. Devoid of government oversight, these forms of underground Islamic justice may negatively affect certain members of Canada's Muslim community 590 School code: 0781 650 4 Religion, General 650 4 Canadian Studies 650 4 Law 690 0318 690 0385 690 0398 710 2 McGill University (Canada) 773 0 |tDissertation Abstracts International|g68-10A 856 40 |uhttp://pqdd.sinica.edu.tw/twdaoapp/servlet/ advanced?query=NR32309 912 PQDT
館藏地 | 索書號 | 條碼 | 處理狀態 |
---|