Alia Hogben, when she received an honorary degree from Victoria University in the University of Toronto, in the spring of 2022.Horst Herget/Victoria University
Alia Hogben asked for my help when she and the Canadian Council of Muslim Women challenged the 2003 proposal by the Islamic Institute of Civil Justice to determine family law matters using a faith-based arbitration tribunal, which would apply only Sharia law. They maintained that Sharia law had outmoded and, in some cases, had abusive attitudes toward women.
I had been part of the effort to secure for Ontario women full rights to share property accumulated during a marriage and improve spousal support rights, among other things. I heartily agreed with Ms. Hogben that Muslim women were entitled to the same rights and benefits of the Ontario Family Law Act 1986 as other Ontario women and should not be required to accept religious rulings instead of the civil courts. I and others joined her in the public challenge to the Islamic Institute proposal.
Dalton McGuinty, then Ontario’s premier, appointed former attorney-general Marion Boyd to study the matter, and her report recommended a complex process which included the application of religious law, government enforcement of tribunal decisions and waivers allowed for the otherwise mandatory requirement of independent legal advice.
We saw this as undermining women’s equality rights and increased our efforts. Ms. Hogben reached out to a wide range of interested citizens. In the end, we were successful and persuaded the premier that he should not allow Sharia law to determine family law disputes in Ontario. We all applauded Ms. Hogben’s persistent determination.
I join her family and community in mourning the loss of this remarkable, kind and generous soul, who contributed greatly to Canadian society.
Linda Silver Dranoff, Toronto
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