"Have we lost our minds?" cries a Canadian Christian columnist. That’s precisely the question echoing in the minds of many concerning the introduction of Muslim Shariah law in Ontario. Where is all this headed? Perplexity is rampant, and answers scarce.

The ground rules are in place for the newly-elected Islamic Institute of Civil Justice to undertake arbitration and mediation of civil disputes among Muslims according to Islamic values, says Mohamed Elmasry, president of the Canadian Islamic Congress. The Institute’s goal is to apply Muslim law to the extent possible under Canadian law. Participation in arbitration will be voluntary.

Rather than whole-heartedly embracing what IslamOnline.net claims to be "the latest effort in a long struggle to have Shariah recognized in Canada," many Muslims are eying the effort with caution.

"Most people are sitting back and watching to see what they’re trying to do," says Faisal Kutty, general counsel for the Canadian Muslim Civil Liberties Association. "If it’s just civil law, then it’s great."

But, he adds, "Islamic law is being exploited in many countries to oppress women and minorities. If that’s the kind of interpretation they want to bring to it, there wouldn’t be much support."

Elmasry is confident the Institute will uphold Canadian law while bringing a spiritual dimension to conflict resolution. He says it is in the interests of the institute to do so rightly and equitably. "If any party perceives that the institute is biased, they won’t go to it to resolve conflicts out of court."

Gary Reid, a lawyer with Mills & Mills, is preparing to encounter Shariah law-based arbitration decisions in his family law practice. He says the courts will need to take particular care in dealing with such cases.

His concerns are three-fold. Most important, arbitration decisions are binding, and do not have to be incorporated by court order. Thus arbitrated decisions, by choice of the parties involved, may not reach the courts and may be carried out solely according to Islamic law.

Also, the process may not always be voluntary. Parties may be persuaded to participate in arbitrated decisions based on religious arguments.

And, Reid says, the basis of arbitrated decisions that arrive in court may not be fully investigated by judges who inadvertently ratify decisions based on Islamic law.

"It could happen that decisions are based on Islamic law, not Canadian law," Elmasry admits. "They must not do that."

But some are concerned there is nothing to stop the courts from ratifying Islamic law.

"Considering that the purpose of the Islamic arbitration board is to apply Shariah law, rather than the law of Canada, it is an open question at this point if the courts will overturn decisions that are not in accordance with Canadian law," says Janet Epp Buckingham, general legal counsel for the Evangelical Fellowship of Canada.

"This is really a backdoor approach by fundamentalists to bring in traditional Islamic law in a country where they otherwise can’t," Zuhair Kashmeri of the Muslim Canadian Congress told the Toronto Sun.

Christians and Muslims await the impact of the institute’s creation. "If it’s going to be hijacked by extremists, we won’t give our support," says Kutty.

Daina Doucet is an editor and freelance writer based in Hamilton, Ontario.