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
