Windsor Law students are invited to attend the Dean’s Lunch and Learn series with Yousef Aly, a Windsor Law LLM student, for his talk: "The Scope of Judicial Authority: Comparing Islamic and Canadian legal systems."
There are several differences between religious and secular legal frameworks. Each framework is independently complete, with its own substantive law and procedural law.
Islamic law’s moral obligation to abide by the law does not attach to all secular court decisions equally. For example, Islamic law does not accept the authority of a non-Muslim judge over some private law matters. At the same time, the secular legal system often precludes religious minorities from relying on other legal systems to resolve their private issues. This provides insight to access to justice issues related to the faith-identity of the judge or the litigants.
Contrasting qualifications of judicial appointments between the Canadian and the Islamic legal systems reflect conflicting worldviews and confuses an individual’s commitment to sources of authority.