March 18, 2004

The Honourable John Gregory

The Crown Counsel, Ministry of attorney General

720 Bay Street, 7^th Floor

Toronto ON M5G 2K1

From: Homa Arjomand

homawpi@rogers.com

Tell: 416-737-9500

Re: Islamic Shari’a Arbitration Proposal Submitted by “The Islamic Institute of Civil Justice”

Dear Sir,

On October 21^st 2003, a group of Muslim, elected 30, member council to establish a judicial tribunal for Muslims known as “the Islamic Institute of Civic Justice”. This proposal is designed to persuade Canadian court to uphold decision made under the Shari’a Law.

We strongly believe that this move belongs to the same move that subjected women to various forms of abuse and daily degradation for disobeying Islamic social standards and if Sharia gains legal credibility, it will increase intimidation and threats against innumerable women and it will open the way for future suppression .

Sharia law is unjust and unfair even if it is only being implemented in the area of what some call “mundane” civil dispute. In reality, the communities which Islam has intense influence, discriminatory family and personal status code are important pillars in the oppression of women. Many abused women have fled from countries where Sharia has power and sought refugee in Canada and the west where they expected to be of discrimination and gender-based persecution in areas of marriage, divorce, child custody and so on. These “mundane” disputes have cost many women and girls, their rights and lives in the Middle East and North Africa.

The proposed tribunal states that all parties will participate voluntary Once the tribunal process has begun, Muslim women, however, will not be able to withdraw from the tribunal for any reason whatsoever. The regulation states that once the parties have agreed, they will be committed to it by their prior consent. As a consequence, on religion ground, a Muslim who would choose to opt out at this stage, for reasons of convenience, be guilty of a far greater crime than a mere breach of contract.. and this could be tantamount to BLASPHEMY APOSTASY,”

the penalty for which under Islamic law could be execution.

To many Moslem women, the situation is quite clear. They have no choice but to accept “Sharia court” or face being rejected by their family and being socially isolated as result of being identified as an unfit mother or as a “Kafar /Anti Muslim”. In extreme cases this could lead to honor killing.

A modern, secular society such as Canada has its own standards and norms. It is discriminatory and unfair to have different and separate systems, standards and norms for different people living in one country. This proposal is a prescription for inequality and discrimination. It leaves member of Moslem community, particularly women and children at the mercy of reactionary and parasitical elders and imams. In fact it increases marginalization. The question is, how can the violation of women’s rights be recognized as fair and equitable treatment?

“The Institute of Civil Justice” which is known as the shari’a Court in Canada is an extension of that movement that prohibits women from participating in many forms of employment, from many fields of study and from participation in sports. It is the extension of the same movement that promotes gender segregation in schools, buses and public places (sexual segregation is applied at the Islamic elementary schools in Markham right now where very young children are segregated in school and on buses). This movement has no right to speak of civil rights and justice as it is itself a pillar of injustice.

In light of the above, and on the grand of human rights, equality and gender justice, we urge you and your department to not to grant recognition to Sharia law through tribunals set up under the Ontario Arbitration act 1991.

Sincerely

Homa Arjomand

Transitional counselor for abused women and

Co-ordinator of the International

Campaign against Sharia Court

In canada