The Portrayal of Sharia in Ontario

• Author: James Thornback
• Pages: 1-12

1 AP PE AL  V OL UM E 10  2005

THE PORTRAYAL OF SHARIA IN

ONTARIO

James Thornback

Introduction

There has been much attention given by the media to the

potential use of Sharia-based arbitration to resolve family

disputes in Ontario. Although this possibility has been given

both positive and negative attention, a common theme pervades

the discourse: Islam as “the Other.”

In this paper, I provide sufficient background information for the

reader to understand how Sharia-based arbitration might be used in

Ontario. Then, I review several representative newspaper articles

with three questions in mind. First, do the articles accurately

represent Sharia? Second, do the articles accurately represent the state

of the law in Ontario as it applies to arbitration in the family context?

Third, what do the articles recommend as a solution to the perceived

problem? By doing so, I show that the idea of Islam as a monolithic

entity distinct from the West still underlies the approach of many

journalists. This idea allows, or forces, these journalists to attack or

defend Sharia rather than focusing on problems in domestic law.

Only those writers who avoid conceiving of Islam as the Other

manage to present well-reasoned criticism of the law of Ontario.