Muslim minorities living in non-Muslim countries like Canada are like wandering Bedouins for whom the Shariat applies irregardless of where or when or they live. Although they are free to live according to the Divine Law to practice their faith unhindered in their homes and masjids [mosques], they have practically no say in the making of the laws of the land, and governmental institutions do not cater to their needs.

According to the current Canadian law, [although they have been threatening to change it lately due to a sustained negative media campaign] we are free to set up independent Muslim Arbitration Boards (Darul-Qada) to serve those who choose to come to them. The decisions of Darul Qada (once rendered) will be binding on the parties, the relevant Rules Of Civil Procedure would also be applicable and the decisions will be enforceable through the normal enforcement agencies of the government in the same way as any order of a Canadian court.

A case may come to Darul Qada in two ways:

1 A husband and wife might choose to go to Darul Qada directly without ever going to a court. This is only by consent of both spouses. It is advisable [but it's their choice ultimately] whether to have legal counsel represent them.

2 The matter may also come to Darul Qada after the Court orders that it go to ADR.

Once the matter comes to Darul Qada, the parties will be free to use the laws that they wish to rely upon. This model will not exclude the application of local Canadian laws of the parties which to do so.
 
 

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