Marriages and Family: Examining the Conflict Between Shari’a and Muslim Women Rights in Canada
Canada has welcomed many people from all over the world to become a part of its nation. It is no surprise that Canada is considered to be the most multicultural regions in the world. To continue to foster its strong multicultural identity, Canada tries to accommodate people from various religion, culture, and ethnicity. Many implementations have been made to make the nation an inclusion society for its people. One of various adaptations that the country has made is the agreement to the Islamic (shari’a) law in Ontario, which with the consent of both parties can be used in civil arbitration. The shari’a law is a religious law that was constructed from …show more content…
As Barazangi (2004) mentioned, “male [superiority or guardianship] over the female was justified by male economic responsibility, despite the fact that this responsibility is bound by the particular familial relation and not by the fact of maleness or femaleness” (p. 74). However, there are instances where husbands garnished their wives’ wages because he is entitled to under the shari’a. It is common in Islam for individuals to be labeled as a “bad Muslim” when they do not follow shari’a accordingly. For instance, wives would be labelled as a ‘bad Muslim’ and be beaten if she refuses hand over her wages to the husband. The label is commonly used as a way to control the individual, which is supposed to prevent disobedience in future. Marital rapes also transpire because under shari’a, the act of sex between married individuals does not cause any harm thus it is not a crime. Hajjar (2004) pointed out “ a wife’s refusal to have sex with her husband can be conceived as a defiance of her duties, and can rise to accusation of disobedience (p. 246)”. If there is a domestic matter among a couple and they decided to go through the arbitration process, typically the ruling favours the husband because he has more rights then his wife. Furthermore, the arbitration judges are usually elder males (imams) or lawyers (men). In terms of divorces in Islam, women do not share the same divorce rights as their husbands. The husbands can state ‘I divorce you’ with or without an explanation and he would be considered divorced from his wife under shari’a. If a wife wants a divorce, she must go through arbitration where a judge will grant her a divorce if he finds fit. Wadud (1999) stated, “ In the Qur’an the advantage men have is that of being individually able to pronounce divorce against his wives without arbitration or assistance” (p. 68). While shari’a in itself has its own laws and is not
Canada has welcomed many people from all over the world to become a part of its nation. It is no surprise that Canada is considered to be the most multicultural regions in the world. To continue to foster its strong multicultural identity, Canada tries to accommodate people from various religion, culture, and ethnicity. Many implementations have been made to make the nation an inclusion society for its people. One of various adaptations that the country has made is the agreement to the Islamic (shari’a) law in Ontario, which with the consent of both parties can be used in civil arbitration. The shari’a law is a religious law that was constructed from …show more content…
As Barazangi (2004) mentioned, “male [superiority or guardianship] over the female was justified by male economic responsibility, despite the fact that this responsibility is bound by the particular familial relation and not by the fact of maleness or femaleness” (p. 74). However, there are instances where husbands garnished their wives’ wages because he is entitled to under the shari’a. It is common in Islam for individuals to be labeled as a “bad Muslim” when they do not follow shari’a accordingly. For instance, wives would be labelled as a ‘bad Muslim’ and be beaten if she refuses hand over her wages to the husband. The label is commonly used as a way to control the individual, which is supposed to prevent disobedience in future. Marital rapes also transpire because under shari’a, the act of sex between married individuals does not cause any harm thus it is not a crime. Hajjar (2004) pointed out “ a wife’s refusal to have sex with her husband can be conceived as a defiance of her duties, and can rise to accusation of disobedience (p. 246)”. If there is a domestic matter among a couple and they decided to go through the arbitration process, typically the ruling favours the husband because he has more rights then his wife. Furthermore, the arbitration judges are usually elder males (imams) or lawyers (men). In terms of divorces in Islam, women do not share the same divorce rights as their husbands. The husbands can state ‘I divorce you’ with or without an explanation and he would be considered divorced from his wife under shari’a. If a wife wants a divorce, she must go through arbitration where a judge will grant her a divorce if he finds fit. Wadud (1999) stated, “ In the Qur’an the advantage men have is that of being individually able to pronounce divorce against his wives without arbitration or assistance” (p. 68). While shari’a in itself has its own laws and is not