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Affidavit of Prof Mohammad Fadel re Islamic law WRT polygamy

Affidavit of Prof Mohammad Fadel re Islamic law WRT polygamy

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Published by borninbrooklyn
Affidavit of Prof Mohammad Fadel of University of Toronto Law School regarding Islamic Law
and polygyny in Canada
Affidavit of Prof Mohammad Fadel of University of Toronto Law School regarding Islamic Law
and polygyny in Canada

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Published by: borninbrooklyn on Feb 05, 2011
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02/05/2011

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Affidavit #1 of Mohammad FadelSworn July 22, 2010No. S-097767Vancouver RegistryIN THE SUPREME COURT OF BRITISH COLUMBIAIN THE MATTER OF:
 THE
CONSTITUTIONAL QUESTION ACT 
, R.S.B.C. 1996, C.68
AND IN THE MATTER OF:
THE
CANADIAN CHARTER OF RIGHTS AND FREEDOMS 
AND IN THE MATTER OF:
A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT INORDER IN COUNCIL NO. 533 DATED OCTOBER 22, 2009 CONCERNING THECONSTITUTIONALITY OF S. 293 OF THE CRIMINAL CODE OF CANADA,R.S.C. 1985, c. C-46
_____________________________________________________________________________
AFFIDAVIT#1 – MOHAMMAD FADEL
 
 ______________________________________________________________________ 
Ministry of Attorney GeneralLegal Services Branch1301 -865 Hornby StreetVancouver BC V6Z 2G3Telephone: 604 660-5476Facsimile: 604 660-6797Craig JonesBarrister and Solicitor
 
Affidavit
#1
of
Mohammad
Fadel
Sworn
2010No. S-097767
Vancouver
Registry
IN
THE SUPREME COURT OF BRITISH
COLUMBIA
IN
THE MATTER OF:THE
CONSTITUTIONAL QUESTION ACT,
R.S.B.C. 1996, C.68AND IN THE MATTER OF:THE
CANADIAN CHARTER OF RIGHTS
AND
FREEDOMS
AND IN THE MATTER OF:A REFERENCE BY THE LIEUTENANT GOVERNOR IN COUNCIL SET OUT
IN
ORDER
IN
COUNCIL NO. 533 DATED OCTOBER 22, 2009 CONCERNING THECONSTITUTIONALITY
OF
S. 293 OF THE CRIMINAL CODE OF CANADA,R.S.C. 1985,
c.
C-46AFFIDAVIT
I,
Mohammad Fadel,
of
the city
of
Toronto,
in
the Province
of
Ontario, MAKE OATHAND
SAY
AS FOLLOWS:
1.
I am currently the Canada Research Chair
in
the Law and Economics of IslamicLaw at the University of Toronto's Faculty
of
Law. I graduated
in
1995 from theUniversity
of
Chicago's Department
of
Near Eastern Languages and Civilizations with aPh.D. The topic
of
my dissertation was legal process
in
medieval Islamic law.graduated from the University
of
Virginia School
of
Law
in
1999 with a J.D.subsequently clerked for two years
for
a United States District Court Judge and a United
 
"2
"
States Court of Appeals Judge for the Fourth Circuit Court
of
Appeals. I have publishednumerous works on Islamic law, including two articles
on
Islamic family law
and
onebook chapter
on
Islamic family law. I have also published articles
on
other topics withinIslamic law specifically and Islamic law
as
it relates to liberalism generally. I havepersonal knowledge
of
the matters set out
in
this affidavit.
2.
Attached to
my
affidavit and marked as Exhibit "A"
is
a copy
of
my current
curriculum vitae.
3.
I have been retained by the Ministry
of
the Attorney General
to
answer questionsrelated
to
my area
of
expertise.
In
particular, I was asked by
Ms.
Zaitz
to
address thefollowing areas:
1)
The relationship between polygyny
and
Islam -a summary of the religiouscontext
in
which a polygynous marriage might occur, including religiousteachings/ customs/ laws pertaining
to
polygyny and whether entering into apolygynous marriage confers any religious or spiritual benefit or significance.
2)
The types
of
situations
in
which polygynous marriage may occur (acknowledgingthat this
is
not an exhaustive list) -this
could
include discussion about Muslimmen having a larger class
of
potential mates than Muslim women. As
an
example,
it
could also include the situation you described where a woman losesher husband and
is
supported
by
a
man
who
is
already married to anotherwoman.
3)
The context
of
Islamic marriage -the marriage contract
and
content, religioussignificance
of
marriage, role
of
a religious leader in "performing" a marriageceremony (if any), divorce rights and process, etc.
4)
A description
of
your background and qualifications (and a CV if possible).
4.
I have responded to the questions posed to me by Ms. Zaitz
in
a report datedJuly 21,2010. Attached to my affidavit and marked as Exhibit "8"
is
a copy
of
my reportdated, July 21,2010.
5.
I certify that I am aware
of
my duty
as
an expert witness to assist the court, andnot
to be
an advocate for any party. I have made the report attached to this affidavit

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