Islamic Law in the News Roundup

This Thursday, the European Court of Human Rights (ECHR) unanimously held that Greece owed a Greek woman by the name of Molla Sali 51,000 euros ($57,000) in damages plus expenses “for siding with her late husband’s two sisters and for applying ‘Sharia law to a section of its citizens against their wishes.’” This judgment follows a 2018 decision by the same court in Molla … Continue reading Islamic Law in the News Roundup

Weekend Scholarship Roundup

Eva Brems offers an analysis of the case law of the European Court of Human Rights at the intersection of women’s rights and religious freedom in "Hidden Under Headscarves? Women and Religion in the Case Law of the European Court of Human Rights," Islamic Law & Law of the Muslim World eJournal.  Moving beyond an … Continue reading Weekend Scholarship Roundup

Law & Religion eJournal: Jun 21

This week’s issue of SSRN’s Law & Religion eJournal includes: “Human Rights Issues Arising from the Implementation of Sharia Law on the Minority of Western Thrace" by Nikos Koumoutzis and Christos Papastylianos This article examines the European Court of Human Rights’ decision in Molla Sali v. Greece, which considered for the first time the question … Continue reading Law & Religion eJournal: Jun 21

Recent Scholarship: European Muslims and Islamic Law

Two recent journal articles explore how Islamic law is being defined, debated, and applied in Europe – both by Muslims and by courts. Maurits S. Berger’s “Understanding Sharia in the West” in the Journal of Law, Religion and State discusses three different "representations" of sharīʿa: “as scholarship, as a set of rules inserted into the modern … Continue reading Recent Scholarship: European Muslims and Islamic Law

Recent Scholarship: European Court of Human Rights Ruling on Religious Symbols

Asim Jusic’s recent article in the Oxford Journal of Law and Religion examines a December 2017 ruling by the European Court of Human Rights concerning state limitations on religious symbols. “An (Un)Exceptional Case: Strasbourg’s Court Reserved Nod to Religious Symbols in the Courtroom” In Hamidović v. Bosnia and Herzegovina, the Court found that convicting a … Continue reading Recent Scholarship: European Court of Human Rights Ruling on Religious Symbols

Recent Scholarship: Burkinis and Islamophobia; LGBT Rights at the OIC

  The latest issue of the Journal of Law and Society includes an article about the relationship between colonialism and modern-day French laws against Muslim women's dress: "Of Bodies and Burkinis: Institutional Islamophobia, Islamic Dress, and the Colonial Condition" by Brayson Kimberley Excerpt: "Shifting legal justifications of gender oppression and national security simultaneously obfuscate and … Continue reading Recent Scholarship: Burkinis and Islamophobia; LGBT Rights at the OIC

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)]

Recent Scholarship: Analysis of European Court of Human Rights Free Speech Ruling

Last week, the European Court of Human Rights ruled that Austria had the right to convict a woman for insulting the Prophet Muhammad. The woman had argued that the Austrian government had violated her freedom of speech under the 1953 European Convention on Human Rights, but the Strasbourg-based court found that the Austrian court had … Continue reading Recent Scholarship: Analysis of European Court of Human Rights Free Speech Ruling