In July of 2006, Dr. Julie Macfarlane
received a grant from the Social Science and Humanities Council of Canada
to conduct an empirical research project on the topic of Faith Based
Dispute Resolution, and specifically Islamic Family Law as it relates
to religious divorce. The Institute for Social Policy and Understanding,
of which Dr Macfarlane is a Fellow, is also a partner in this research.
The goal of the project is not to evaluate whether the use of Islamic
divorce is “good” or “bad”, but to understand
why people choose to use such processes and what it means to them. Dr.
Macfarlane has interviewed more than 110 people, from the Imams who
often oversee Islamic divorce processes, to the men and women who choose
to use the Islamic divorce process as well as those who are community
specialists and leaders (for example Muslim lawyers, social and community
workers within Muslim communities). Her grant continues until 2009.
Dr Macfarlane is a law professor at the University of Windsor, and she
has been researching private and community alternatives to the formal
legal system for the past 10 years. She has authored many books and
articles on alternatives to law, including mediation and collaborative
dialogue, as well as the relationship between formal and community/
religious justice systems. Dr Macfarlane is a non-Muslim, but in order
to carry out this work she has undertaken an in-depth study of the Qur’an
and Islamic Family Law. She is receiving assistance, advice and mentoring
in her studies from many members of the Muslim communities in Canada
and the US.
Dr Macfarlane is assisted by Aisha Amjad (LLB 2009). Aisha is currently
completing her third year of Law School at the University of Windsor,
was a summer student at Toronto law firm Pinkofskys (Criminal Trial
and Appeal Lawyers). She is also assisted during the summer months by
Sibyl Macfarlane (her daughter), who is a religious studies and history
major at McMaster University (graduation 2009). Our WebMaster is David
Brody.
Please consider participating!
This research is conducted out with great respect for Islam and all
participants, who are guaranteed confidentiality and anonymity. We are
interviewing Muslim men and women in person in Toronto, London , Windsor
and Detroit and by phone around Canada and the US .
We have a budget for travel and for translation, so we can meet you
at a venue that is convenient for you and the interview may be conducted
in English, or another language. Dr Macfarlane is also conducting private
interviews by telephone and these take around 30 minutes. If you are
interested in participating, we encourage you to email us at islamicdivorce@gmail.com.
Our goal
There exists in the Western world a skewed vision and understanding
of Muslim law (often referred to as shari’a) and its relationship
to the many diverse Muslim cultures. This lack of information and understanding
becomes particularly intense for Muslim communities who reside in majority
non-Muslim countries such as Canada and the US. We hope to encourage
a better understanding of Muslim communities in North America, and learn
(respectfully and confidentially) about the personal experiences of
Muslim men and women in religious divorce are an important part of this.
Dr. Julie Macfarlane
