Author(s):

ECHR Ruling: 

"sharia law is incompatible with democracy and human rights"

Source: 

Annual Report 2003 of the European Court of Human Rights

Council of Europe

Image: 
Summary: 

3. The Assembly also recalls that it has on several occasions underlined its support for the principle of the separation of State and religion as one of the pillars of a democratic society, for instance in its  on State, religion, secularity and human rights. This principle should continue to be respected.

4. The Assembly considers that the various Islamic declarations on human rights, adopted since the 1980s, while being more religious than legal, fail to reconcile Islam with universal human rights, especially insofar as Sharia is their unique source of reference. This includes the 1990 Cairo Declaration on Human Rights in Islam, which, while not legally binding, has symbolic value and political significance in terms of human rights policy under Islam. It is therefore of great concern that three Council of Europe member States – Albania, Azerbaijan and Turkey (for the latter, with the limitation: “so far as it is compatible with its laws and its commitments under international conventions”) – have endorsed, explicitly or implicitly, the 1990 Cairo Declaration, as have Jordan, Kyrgyzstan, Morocco and Palestine, whose parliaments enjoy partner for democracy status with the Assembly.

5. The Assembly is also greatly concerned about the fact that Sharia law – including provisions which are in clear contradiction with the Convention – is applied, either officially or unofficially, in several Council of Europe member States, or parts thereof.

6. The Assembly recalls that the European Court of Human Rights has already stated in Refah Partisi (The Welfare Party) and others v. Turkey that the institution of Sharia law and a theocratic regime are incompatible with the requirements of a democratic society. The Assembly fully agrees that Sharia rules on, for example, divorce and inheritance proceedings are clearly incompatible with the Convention, in particular its Article 14, which prohibits discrimination on grounds such as sex or religion, and Article 5 of Protocol No. 7 to the Convention (ETS No. 117), which establishes equality between marital partners. Sharia law is also in contradiction with other provisions of the Convention and its additional protocols, including Article 2 (right to life), Article 3 (prohibition of torture or inhuman or degrading treatment), Article 6 (right to a fair trial), Article 8 (right to respect for private and family life), Article 9 (freedom of thought, conscience and religion), Article 10 (freedom of expression), Article 12 (right to marry), Article 1 of the Protocol to the Convention (ETS No. 9) (protection of property) and Protocols Nos. 6 (ETS No. 114) and 13 (ETS No. 187) abolishing the death penalty.

7. In this context, the Assembly regrets that despite the recommendation it made in its  on freedom of religion and other human rights for non-Muslim minorities in Turkey and for the Muslim minority in Thrace (eastern Greece), asking the Greek authorities to abolish the application of Sharia law in Thrace, this is still not the case. Muftis continue to act in a judicial capacity without proper procedural safeguards. The Assembly denounces in particular the fact that in divorce and inheritance proceedings – two key areas over which muftis have jurisdiction – women are at a distinct disadvantage.

8. The Assembly is also concerned about the “judicial” activities of “Sharia councils” in the United Kingdom. Although they are not considered part of the British legal system, Sharia councils attempt to provide a form of alternative dispute resolution, whereby members of the Muslim community, sometimes voluntarily, often under considerable social pressure, accept their religious jurisdiction mainly in marital issues and Islamic divorce proceedings but also in matters relating to inheritance and Islamic commercial contracts. The Assembly is concerned that the rulings of the Sharia councils clearly discriminate against women in divorce and inheritance cases. The Assembly is aware that informal Islamic courts may also exist in other Council of Europe member States.

9. The Assembly calls on the member States of the Council of Europe to protect human rights regardless of religious or cultural practices or traditions on the principle that, where human rights are concerned, there is no room for religious or cultural exceptions.

10. The Assembly notes with approval the 2008 judgment of the United Kingdom’s House of Lords addressing these principles.

 

18.5. allow the Muslim minority to choose freely its muftis as mere religious leaders (that is, without judicial powers), through election or appointment, and thus to abolish the application of Sharia law – which raises serious questions of compatibility with the European Convention on Human Rights – as recommended by the Commissioner for Human Rights;

A copy of this resolution can be download here: 

Country: 
Australia
News Date: 
17/05/2011
Summary: 

The Australian Federation of Islamic Councils wants Muslims to be able to marry, divorce and conduct financial transactions under the principles of sharia law. In a submission to the Federal Parliament's Committee on Multicultural Affairs, the Federation has asked for the change. It argues that all Australians would benefit if Islamic laws were adopted as mainstream legislation. That is not a view shared by many other contributors to the usually low-profile committee.

Summary: 

See Quran 4:34 etc

Country: 
United Kingdom (UK)
News Date: 
20/06/2019
Summary: 

Aproposed new definition of Islamophobia could be used as a “bully’s charter” by Muslims to silence critics and promote intolerant views, a former equalities chief has warned. Trevor Phillips, who chaired the Equalities and Human Rights Commission (ECHR), also claimed the row over Boris Johnson’s comments on Muslims was “pure dirty politics” and was being used to “get” the Tory leadership frontrunner to scupper his ambitions.

Country: 
Egypt
News Date: 
19/06/2019
Summary: 

“Coptic Christian Arrested for Allegedly Insulting Islam on Facebook in Egypt,” , June 18, 2019:

CAIRO, Egypt (Morning Star News) – A young Coptic Christian man has been arrested near Cairo, Egypt for allegedly insulting Islam after a hacker posted material on his Facebook page, he and family members said.

Country: 
Lebanon
News Date: 
20/06/2019
Summary: 

“Lebanese Police Prevent Terrorist Attack on Churches,” , June 19, 2019:

Country: 
United Kingdom (UK)
News Date: 
19/06/2019
Summary: 

The real problem is the concerted effort to create a one-religion blasphemy law for Islam.

The device campaigners are using is a new definition of Islamophobia, produced by the British Muslims all-party group of MPs. There are many issues with this definition, not least that it has been influenced by MEND, a Muslim campaigning group accused of promoting extremism. According to Sir John Jenkins, who reviewed the role of the Muslim Brotherhood in Britain, MEND has “exerted an important intellectual influence” on the definition.

Country: 
United Kingdom (UK)
News Date: 
18/07/2016
Summary: 

Labour MP Naz Shah has said the comments which saw her suspended from the party were anti-Semitic. Ms Shah apologised in April for online posts, including one suggesting Israel should be moved to the United States. The post was brought to light by the Guido Fawkes website, which also highlighted a post in which she appeared to liken Israeli policies to those of Hitler.

Country: 
United Kingdom (UK)
News Date: 
19/06/2019
Summary: 

A BBC presenter has apologised after an imam who questioned the Tory leadership contenders about Islamophobia was found to have made critical comments about Israel. In tweets unearthed by the Guido Fawkes website, Mr Patel wrote: “Every Political figure on the Zionist’s payroll is scaring the world about Corbyn. They don’t like him. He seems best suited to tackle them!” He also shared an image endorsing the relocation of Israel to the US as a way of solving the Israel/Palestine conflict.

Rather worryling, this man is also a school deputy head!

Pages

Subscribe to Front page feed