Table of ContentsSection One: From the State's PerspectiveSection Two: From the Public's PerspectiveSection Three : from the perspective of Islamic men and womenThe objective of this article is to shed light on the history of Sharia law in Canada and provide an analysis of how Sharia law has been integrated into family law in Ontario, specifically examining the conflict between gender equality and religious freedom. Canadian citizens in Ontario who are devoted to the Islamic faith claim the right to use Sharia law to resolve family disputes. However, many women's rights advocates argue that Sharia law does not reflect principles of gender equality. The global migration of religious traditions and communities, particularly the integration of the Islamic Church and Sharia law in Canada, is a result of globalization in the form of increased ease of transportation and permanent migration. This question is important because religious freedom and gender equality are fundamental human rights recognized by the Canadian Charter of Rights and Freedoms. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay This article will achieve its objectives by approaching the issue from the perspectives of three key stakeholders: the state, the public, and the Islamic Church. The first section will examine the issue from the perspective of the state, namely the province of Ontario and the federal government of Canada, including the provincial and federal courts. The second section will address the issue from the perspective of the Ontario public. The "public" in this context includes the general population of Ontario, including religious groups not affiliated with the Islamic Church, citizens not affiliated with the federal or provincial government, non-religious citizens, and the media. The third section will address the issue from the perspective of Islamic men and women and examine the historical context of Sharia law globally, as well as issues related to the legal integration of Sharia law in the family courts of Ontario specifically related to equality rights. the state's viewThe Canadian Constitution is the highest form of law we have in Canada. The first part of the Constitution Act (1982), called the Canadian Charter of Rights and Freedoms, protects the human rights of Canadian citizens. Section 15 of the Charter protects equality rights, stating that "all individuals are equal... and are entitled to equal protection and equal benefit of the law, without discrimination... in particular, without discrimination based on …religion (or) sex.” However, section 1 of the Charter makes it clear that these rights and freedoms are not absolute and can be limited if the limits are “reasonable in a free and democratic society”. Canadian family law was originally based on Christian religious principles and the Bible. Family law is designed to reflect changing values ​​and behaviors; however, they often lag behind contemporary standards. For example, the concept of divorce was not recognized until 1856, and many laws recognizing the rights of married women were not adopted until the late 20th century. Matters relating to child protection, adoption, custody, access, spousal and child support fall within the jurisdiction of the Ontario Court of Justice, while that disputes relating to divorce and post-marital property are heard in the Superior Court of Ontario. The Stateencourages settlements, rather than court decisions, wherever possible, in family law matters to reduce unnecessary financial and emotional strain. To encourage settlements between two parties, the government subsidizes processes such as mediation and arbitration. Ontario's Arbitration Act allows citizens to appoint an arbitrator to resolve civil disputes outside of the traditional court system. The Islamic Institute of Civil Justice proposed that this law gained the right to use sharia arbitration courts to resolve Islamic family matters. After Muslim Canadians advocated for this right, the Ontario government commissioned the Boyd Report (2004), which recommended that sharia courts be permitted if they adhered to forty-six safeguards. A two-year public debate and protests followed, culminating in then-Ontario Premier Dalton McGuinty's declaration that his government "will ensure that...there is no family arbitration enforceable in Ontario that uses a set of rules or laws that discriminate against women.” » (Chotalia, 2011). The Arbitration Act and the Family Law Act were later amended by the province to reflect this statement, and the Sharia courts have since been largely abandoned.Section two: From the public's perspectiveAs As we saw in the first section, the Ontario public played an important role in obtaining amendments to the Arbitration Act and the Family Law Act to ensure better protection of women's rights , at the expense of the Sharia courts. The "public" in this context includes the general population of Ontario, including religious groups not affiliated with the Islamic Church, citizens not affiliated with the federal or provincial government, non-religious citizens, and the media. The majority of public opinion was represented in Premier McGuinty's statement. Protesters like Homa Arjomand, who leads the International Campaign Against Sharia Courts in Canada, have argued that allowing such courts would set back the Canadian law by 1,400 years. Arjomand also stated that "[my] lawyers are studying the decisions of several arbitration cases and will take them to court and expose how women are victims of male-dominated legal decisions based on religion and traditions from the 6th century ". Another protester, Nasrin Ramazanli, said: "If Sharia law is used in Canada, I also feel threatened here." However, the resulting amendments resulted in the banning of other faith-based courts, such as Jewish family courts. This upset some members of these churches who felt they had been unjustly punished as a “side effect” of the contested sharia courts, while others claimed that these courts were equally unfair to women (Strauss, 2005). Section Three: Perspective Sharia, or Islamic law, derives from the tenets of the Islamic faith, particularly the Quran. Muslims consider the Quran to be the true word of Allah (God) and therefore sacred. Sharia law is believed to date back to between the 6th and 10th centuries. Many countries currently apply Sharia law, including Saudi Arabia, Iran, Afghanistan, Sudan and Yemen. Sharia law is complex and difficult to understand without in-depth study. That being said, Sharia law has many fundamental and identifiable differences from the Canadian common law system. Sharia law has been criticized for favoring punishment over rehabilitation and its shocking treatment of women. For example, drinking or 2011).