Opinion: Islamic Tribunals Would Decrease Burden on Judicial System and Save Tax Dollars

March 11, 2004

Source: iViews


On March 11, 2004 iViews ran an opinion piece by Ahman Kutty, senior lecturer at the Islamic Institute of Toronto, and Faisal Kutty, a parter in the law firm of Baksh & Kutty, in which they argued in favor of the establishment of alternative Islamic tribunals in Canada. They write, "Given the situation, one would expect that anything that may ease the backlog [of cases in Ontario courts] would be welcome. Ironically, recent efforts by the Islamic Institute of Civil Justice to formalize alternative dispute resolution (ADR) have met strong opposition from within and outside the community, at times verging on Islamophobia...Other communities have successfully implemented ADR procedures with much less fanfare and scrutiny. For instance, rabbinical courts or Beth Din's dealing with business and matrimonial issues have been functioning for some time in North America. The existing Canadian legal framework allows parties to civil, family and religious disputes to opt for ADR and thereby resolve their differences using their own parameters be it religious or otherwise in a more feasible and culturally acceptable manner. This trend toward ADR will greatly benefit the general public by easing the burden on the judicial system and saving tax dollars."