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 In the News: Molla Sali v. Greece
Interpreting Sharī’a in Amina Lawal v. State
By Limeng Sun 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. Case Summary: This blog post examines Amina Lawal v. State, a criminal case adjudicated by the Sharī‘a Court of Appeal of Katsina State, Nigeria.[1] … Continue reading Interpreting Sharī’a in Amina Lawal v. State
Sarabai v. Rabiabai – Divorce as Evasion in Modern India
By Dixie Morrison 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. Case Summary: Sarabai v. Rabiabai is a family law case decided in the Bombay High Court in 1905, during the period of British imperial … Continue reading Sarabai v. Rabiabai – Divorce as Evasion in Modern India
Sharīʿa in Greece :: Part 4 :: Future Prospects for Greece’s Sharīʿa Courts After Molla Sali v. Greece
By Konstantinos Tsitselikis This is the final part of a four-part series of posts will examine thesharīʿa courts in Greece, starting with the establishment of the courts in the 1920s and concluding with suggested avenues for reform of the courts in Greece following the European Court of Human Rights (ECtHR)’s 2018 decision in the Molla Sali … Continue reading Sharīʿa in Greece :: Part 4 :: Future Prospects for Greece’s Sharīʿa Courts After Molla Sali v. Greece
Sharīʿa in Greece :: Part 3 :: Substantive Issues in Sharīʿa Courts
By Konstantinos Tsitselikis This is part 3 of a four-part series of posts will examine thesharīʿa courts in Greece, starting with the establishment of the courts in the 1920s and concluding with suggested avenues for reform of the courts in Greece following the European Court of Human Rights (ECtHR)’s 2018 decision in the Molla Sali v. … Continue reading Sharīʿa in Greece :: Part 3 :: Substantive Issues in Sharīʿa Courts
Sharīʿa in Greece :: Part 2 :: Procedural Issues in Sharīʿa Courts
By Konstantinos Tsitselikis This is part 2 of a four-part series of posts will examine thesharīʿa courts in Greece, starting with the establishment of the courts in the 1920s and concluding with suggested avenues for reform of the courts in Greece following the European Court of Human Rights (ECtHR)’s 2018 decision in the Molla Sali v. … Continue reading Sharīʿa in Greece :: Part 2 :: Procedural Issues in Sharīʿa Courts
Sharīʿa in Greece :: Part 1 :: Between communal autonomy and individual human rights
By Konstantinos Tsitselikis This is part 1 of a four-part series of posts will examine the sharīʿa courts in Greece, starting with the establishment of the courts in the 1920s and concluding with suggested avenues for reform of the courts in Greece following the European Court of Human Rights (ECtHR)’s 2018 decision in the Molla Sali v. … Continue reading Sharīʿa in Greece :: Part 1 :: Between communal autonomy and individual human rights
Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community
The European Court of Human Rights (“ECtHR”) in its recent Molla Sali v. Greece decision (Dec. 19, 2018) radically undermined the right of Greece’s Thrace Muslim community to preserve its legal autonomy within the structure of the Greek state and the broader European Union. First, the background: Greece’s Muslim population, which resided historically in the … Continue reading Molla Sali v. Greece and Undermining the Autonomy of Greece’s Muslims in Thrace: Equality versus Community
Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?
By Cem Tecimer Professor Kim Lane Scheppele has convincingly drawn attention to the fact that most legal scholarship on citations of foreign law by supreme or constitutional courts tends to focus on citations of “positive” models, that is, models to which the jurisdiction citing them aspires.[1] Professor Scheppele pluralizes the universe of citations by adding … Continue reading Commentary :: Kadijustiz in Turkish Constitutional Adjudication: Islamic Law as an Aversive Model?
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