Page 60 - The Economist

60 International The Economist December 9th 2017
2 Dutch judges adjudicate the affairs of Mus- Islamic marriage in Canada mutilation and the forced marriage of chil-
lims who have married elsewhere, they dren, was criticised for having an Islamo-
can use a genericprovision in the civil code One is enough phobic tone. Yet it struck a chord with
against“wrongful acts” asa wayofdeliver- those Canadians who feel Muslims do not
ing judgments which seem humane in share theirvalues.
modern eyes. In practice, their rulings in Polygamy is legal for Muslims in three
Muslim marital matters usually favour of the top five source countries for immi-
OTTAWA
women, says Eefje de Kroon, a Dutch hu- Feminism and multiculturalism make grants to Canada in 2015 (the Philippines,
man-rights campaigner. foran awkward mix Iran and Pakistan) and quite common in
For the 800,000 or so Muslims of Bel- another (India). Canada has advised
gium, many of whom oscillate between ENTION polygamy in Canada and UNHCR, the UN’s agency for refugees, not
there and Morocco, marryingisan obstacle Mwhat might come to mind is Bounti- to refer any refugees in polygamous mar-
course. In Belgium only civil marriages are ful, a suitably named town in British Co- riages to Canada for resettlement. But bor-
valid. But the Moroccan state recognises lumbia.ItishometoCanada’sbest-known der agents in Canada must often make
only Islamic procedures, eitherin Morocco polygamist, Winston Blackmore, who has snap judgments based on little informa-
orone ofitsconsulates. Withouta religious an estimated 148 children. He and James tion. Often the only way they can identify
marriage a couple cannot dispose of prop- Oler,afellowadherentofafundamentalist a polygamist is if he were to volunteer the
erty or even share a bedroom in Morocco. splinter sect of the Mormon church, prac- information or tried to bring in more than
Meanwhile, Belgian-Moroccans often feel tised “plural marriage” for decades until a one wife at once. Easier to bring them in
the need to have a religiousrite in Belgium, courtfoundthemguiltyinJulyofthecrime separately as domestic servants or rela-
even though it has no legal status any- of polygamy. (Their appeal will be heard tives(MsShafia wasbroughtin asa servant
where. Many couples do all three. Simply on December12th.) and described as the children’s aunt).
cohabitingis notan acceptable option, any It was the first conviction for more than Often the firstsign officialshave ofa po-
more than it is for young Muslim couples acenturyunderalawfrom1892thataimed lygamous relationship is when it comes to
growingup in east London orMarseille. to stop American polygamists (many of light in a case of domestic abuse, says Sha-
Yacob Mahi, one of Belgium’s best- them Mormons irked by their church’s re- lini Konanurofthe South Asian Legal Clin-
known imams, says he tries to limit harm nunciationofpolygamyin1890)fromprac- ic of Ontario, which helps women in viol-
by refusing to conduct a religious cere- tising in Canada. Authorities had been ent relationships who risk deportation.
monyunlessthe couple hasalreadyunder- wary of laying such charges for fear of a The impact of enforcement falls most
gone a civil procedure. He also tries to as- constitutional challenge. That obstacle heavily on women, who are barred at the
certain if the marriage is abusive or forced. was removed in 2011 when the Supreme border, abandoned in their home country
Yet despite the efforts of vigilant imams, Court in British Columbia found freedom orstuckin abusive relationshipsin Canada
people game the system. For example, a of religion could not be used to justify ac- forfearofbeingfound out and deported.
Belgian-Moroccan man can use a religious tions that harmed others. Martha Bailey, a specialist in family law
rite in Brussels to dignify a bigamous mar- The debate about the conflicting princi- at Queen’s University in Kingston, says
riage which would be banned even in Mo- plesofhumanrightsandreligiousfreedom polygamysometimescomesup asan issue
rocco (unless the first wife had consented). is shifting to Islamic immigrants. That is when multiple wives seek shares in an in-
Spain is a rare European country where partly because of the trial of Mohammad heritance. Susan Drummond, a legal an-
marriage in a mosque (or synagogue or Shafia, an Afghan immigrant who in 2009, thropologist, argued in 2009 that the ban
church) enjoys state recognition. Germany with the help of his second wife and son, on polygamy should be dropped because
used to insist on civil marriage for all cou- murdered three of their other children, as Canada has other laws and regulations to
ples before any spiritual rites. But from well as his first wife; and partly because of protect women and minors.
2009 it has allowed religious-only mar- thepassagein2015oftheZeroTolerancefor Canada’s prime minister, Justin Tru-
riages, in deference to newcomers from Barbaric Cultural Practices Act by the pre- deau, has promised to ensure Canadian
Muslim countries and Israel, another land vious Conservative government. The law, lawsare analysed to see iftheyharm wom-
where only religious nuptials count. which reiterated that polygamy is a crime, en. That is a nice gesture. But he should
As they dodge between cultures and as are “barbaric practices” such as genital lookat how laws workin practice, too. 7
systems, the parameters forMuslims in Eu-
rope keep shifting. Morocco’s family law
wasmodernised in 2004 and the knock-on
effects are still emerging. But a complex re-
ality is no argument for inequality of
rights, and a forum exists where this
should be sorted out. Whatever the fate of
the continent’s other clubs, there is one in-
stitution, the Council ofEurope, whose job
is to uphold the rule of law and basic hu-
man rights across its 47 member states (28
ofwhich belongto the EU).
Without trying to harmonise every
piece of family law, the council could do
useful work by pooling experience and
elaborating some common standards to
ensure that no European lives under a
harsh marital regime through being born
into the wrongreligion, the wrongcountry
or the wrong sex. That would feed through
to other democracies, and perhaps to Is-
lam’s heartland as well. 7 More than Canada can handle