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Lecture

10 Seeing Elsewhere from Here.docx

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Department
History
Course
HIS367H5
Professor
Rima Berns- Mc Gown
Semester
Winter

Description
Lecture 10 – Seeing Elsewhere from Here Funny Boy  Funny Boy was not set in Canada; it is set in Sri Lanka. However, Funny boy would not have been written if he did not move to Canada and develop a “Canadian perspective” o What is the “Canadian perspective”, how does it match with Brand, King, and Hoffman? Sharia Law  Islamic institute of civil justice asked for a Sharia court to be established in Ontario. General asked Marion Boyd to review the issue and make recommendations  Marion Boyd said under 1991 arbitration act, all religious groups already can seek arbitration based on family distributes, it was already there in the law o Tolerance and accommodations of minority groups must be balanced into individual autonomy  People had the right to make decisions in family law that were not according to Ontario law, this is just a way of formalizing this law – it makes it more established  Arbitration that was being discussed is separation issues and assets after death. However, arbitration was not about granting divorce and cannot make decisions about children – only about “stuff”  The Concerns o Women would be vulnerable to pressure and unequal settlements. Women would be granted child care after a separation, the children would be disadvantaged as well o Fear that there would be an idea that Sharia court is established, there would be more extensive laws that would influence the Liberal practice  It was a reasonable proposal. This was because there were already particular Christian and Orthodox courts instead of using Ontario law  Considerations o Qur’an, Sunna, Interpretation, Ijma  can be the consensus of the religious authority at any time. However, it will change over time depending on the context. This is obvious because religious authorities always change over time o Muslim women would interpret things themselves. Ijtihad – Muslims would learn and teach for themselves  Some times it was encouraged but other times it was discouraged o There are also different groups that would interpret the readings differently  Hanafi, Maliki, Shafii,
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