Some Muslims fear a report released Monday will encourage Ontario to introduce Shariah law to settle family matters.

The 150-page report written by Ontario's former attorney general Marion Boyd concludes that Muslims have the right to seek religious arbitration and mediation for family disputes such as divorce, custody and inheritance cases.

The religious laws referred to are not Shariah law, cautioned Boyd, but a set of principles within Canadian law.

Tarek Fatah
Tarek Fatah

Shariah law, as practised in the Middle East, allows the death penalty for adultery, says alimony needs to be paid for three months only, and tends to award fathers custody of children in divorce proceedings.

The report outlines 46 principal recommendations that must be respected by religious mediators and arbitrators.

Boyd said there are safeguards in place that allow all parties the right to appeal to the courts.

Some Muslim groups say Boyd's report is naive, accusing her of falling victim to pressure from right-wing Muslim fundamentalists who want the 1,400-year-old Shariah law introduced in Ontario.

Marilou McPhedran, legal counsel to the Canadian Council of Muslim Women, believes this report prepares the stage for Shariah law.

"Marion Boyd today has given legitimacy and credibility to the right-wing racists who fundamentally are against equal rights for men and women," McPhedran said.

Boyd's report also angered Tarek Fatah, with the Canadian Muslim Congress. He says if the province decides to move toward Shariah law, it will create "an under-class of underprivileged people who can go into their ghettos and deal with issues and not bother them."

Fatah fears that Boyd's report will be misinterpreted by some Middle Eastern countries who will claim that Shariah law has been passed in Canada.

The Ontario government says it will study Boyd's recommendations very closely before initiating any action.

Shariah opponents say if the government leans toward introducing Shariah, they are prepared to take court action.

Boyd was asked to review Ontario's Arbitration Act after the Islamic Institute of Civil Justice requested religious-based arbitrations, similar to those used by Jews and Catholics.