A Popular Initiative to Ban Minarets and Its Human Rights Implications

By Nathalie Gunasekera  This post is part of the Digital Islamic Law Lab (DILL) series, in which a Harvard student analyzes a primary source of Islamic law, previously workshopped in the DIL Lab. Abstract: In November 2009, Switzerland passed a popular initiative prohibiting the construction of minarets. In response, Mr. Ouardiri, a Muslim living in Switzerland, challenged … Continue reading A Popular Initiative to Ban Minarets and Its Human Rights Implications

Islamic Law & Law of the Muslim World eJournal: Jan 11th

SSRN's logo featuring the letters "S" "S" "R" "N" in capital letters

This week’s issue of the Islamic Law & Law of the Muslim World eJournal includes: "Is Islam Incompatible with European Identity?" by Wojciech Brzozowski This article examines "whether following the rules of Islam in everyday life (e.g. wearing of religious clothing and symbols, respecting gender equality, exercising parental rights) can be reconciled with the Western … Continue reading Islamic Law & Law of the Muslim World eJournal: Jan 11th

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

Last week, the European Court of Human Rights (which examines alleged violations of the 1950 European Convention on Human Rights) handed down its long-anticipated decision in Molla Sali v. Greece, a case about Islamic legal pluralism in Europe and the rights of religious minorities. Stay tuned to the SHARIAsourceBlog for a roundtable discussion on this … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law

European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

In December 2018, the European Court of Human Rights (ECHR) considered the question whether Muslim citizens who lived in the Greek province of Thrace could be required to submit to the jurisdiction of Islamic law, as detailed by local experts called muftīs. In Greek law, Islamic law usually governed matters of family law—such as marriage, … Continue reading European Court of Human Rights Rules Against Forcing Greek Muslim Minority to Follow Islamic Law [Molla Sali v. Greece (ECHR 2018)]

Freedom of Religion Under Threat Across Europe After EU Court Rules Employers Can Ban Headscarves

Guest contributor Sara Silvestri examines the latest in the recent developments of the European headscarves debate. This article was originally published on The Conversation. Read the original article. Wearing a headscarf to work may become harder in some professions. via http://www.shutterstock.com Sara Silvestri, City, University of London Employers across Europe have been given the green light … Continue reading Freedom of Religion Under Threat Across Europe After EU Court Rules Employers Can Ban Headscarves

A Brief History of the French Burkini Ban

UK/Europe/Southeast Asia editor Rachel Mazzarella chronicles the history of the French burkini ban and its potential efficacy. She weighs the policy options of the European Court of Human Rights and how it may attempt to integrate concepts of public safety, religious freedom, and personal beliefs in a country where recent terrorist attacks may be stressing traditional beliefs … Continue reading A Brief History of the French Burkini Ban