Re: Canada to Enforce Islamic Law

Charles Hawtrey <[EMAIL PROTECTED]> wrote:
> [EMAIL PROTECTED] (Miguel Cruz) wrote:
>> I don't really understand what you're saying. Here we have two people
>> saying "we volunteer to have our civil disputes handled in venue X rather
>> than in the courts" just like when people sign an arbitration clause in a
>> contract. And just like in arbitration, the standards and "common law"
>> applied may be different from what's used in the courts.
>
> Ordinarily there's no concern if two people agree to have their
> dispute settled by arbitration or a coin toss or whatever they like.
> If you read the article that was cited by the OP, the present instance
> is more complicated because Canadian courts would be responsible for
> enforcing the results of the arbitration carried out under Sharia.  

This would be the same in the event that someone refused to agree to the
outcome of arbitration to which they had a contractual obligation. The
courts would sort it out.

> What if Sharia dictates e.g., that the defendant be stoned to death,
> or have his hand cut off?  

Then it would not be done, as that's presumably illegal in Canada.

miguel
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