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Summary:


European Court of Human Rights: "the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention"

http://www.shariawatch.org.uk/?q=content/echr-judgement-relating-sharia-law-2003

  • Islam Four Challenges
    Summary: 

    An extract from a paper presented to an Islamic conference in Nov 2017:

    The way I see it, what ISIS did was that they want to force the reality of today’s living to be following what is in the source of Islamic teaching. Everything they [ISIS] did, they have the justification from the authoritative references of Islamic teachings.

     

    Now, when we are thinking about whether Islam is compatible to democracy or not, we then have to observe the mindset of Muslims about Islam. The question would be: is the mindset of Muslims about Islam compatible to democracy? When we look into the references in classical discourse of Islam, we will find several problematic elements there. I can point out among many problematic elements - four centers of concerns - related to not just democracy but to the nature of our current civilisation.

    The first is the teaching about relationship between Muslims and non-Muslims. In the classical discourse of Islamic teaching, the dominant view of this matter is that Muslims and non-Muslims are enemies. The basic norm of the relationship between Muslims and non-Muslims are enmity. That is what’s dominant in the classical discourse of Islamic teaching. For example, in the tafsir Quran by At-Tobari, or At-Tabarani or Ibnu Kathir, it was stated that non-Muslims, meaning infidel, is permissible to be killed merely because of their infidelity. That is there in the discourse. We also, for example, have in the very famous book in Shafi’ tradition, I’anatuth Thalibin, whereby it is stated there that Muslims have the collective obligation to do expansive jihad towards non-Muslims at least once a year. It is there in the discourse. So, we still have this problematic element in the reference that is still considered to be very authoritative among Muslims all over the world. Therefore, the first problematic element is the teaching about the relationship between Muslims and non-Muslims.

    The second problematic element is the teaching about the conflict of religion itself. What kind of conflict? The category of conflict that is eligible to be considered as conflict of religion. For example, when the Buddhist in Myanmar attacked Muslims there, it is already a legitimate reason for Muslims everywhere in the world to declare war against the Buddhists. I believe you are all aware that these kinds of arguments have also been the arguments that the terrorists groups such as ISIS and Al-Qaeda used to attract Muslims to join them. Because the infidels from America attack Muslims in Iraq and in the Middle East, then it is a legitimate reason for Muslims to attack any Western infidels all over the world. That is their argument. And it is justified in the classical course of Islamic teaching.

    The third problematic element would be the existence of nation states. You see, nation state is now the base of our current world order. The world order we have now is based on the existence of nation states but this is something new and there is no normative base about nation state in the classical discourse of Islamic teaching. What is dominant there in the discourse of Islamic teaching is the obligation for Muslims to struggle for one grand imamate meaning one universal political system under one Muslim ruler. It is in there in the classical discourse of Islamic teaching.

    Then, the fourth problematic thing would be the status of state laws as the alternative of Shariah. How would Shariah see the state laws? State laws that are produced by modern political processes, by democracy. Is it an obligation for Muslims to follow the state laws or should they reject the state laws and follow the Shariah instead? Is following state laws such as the traffic regulation an obligation for Muslim, a “Shariah obligation” for Muslim, or is it just a worldly affair not related to religion? All these are centers of our concern regarding Islamic teachings because it is still recorded in the most authoritative references of Islamic teaching.

    See also: 

    Among Muslims and non-Muslims, there is an urgent need to address those obsolete and problematic elements of Islamic orthodoxy that underlie the Islamist worldview, fuelling violence on both sides. The world’s largest Muslim organisation, Indonesia’s Nahdlatul Ulama, of which I am General Secretary, has begun to do exactly that.

    The truth, we recognise, is that jihadist doctrine, goals and strategy can be traced to specific tenets of orthodox, authoritative Islam and its historic practice. This includes those portions of Shariah that promote Islamic supremacy, encourage enmity towards non-Muslims and require the establishment of a caliphate. It is these elements – still taught by most Sunni and Shiite institutions – that constitute a summons to perpetual conflict.

  • Author(s):

    Summary: 

    Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

    Noting that the Welfare Party had pledged to set up a regime based on sharia law, the Court found that sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that “sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable. Principles such as pluralism in the political sphere or the constant evolution of public freedoms have no place in it”. According to the Court, it was difficult to declare one’s respect for democracy and human rights while at the same time supporting a regime based on sharia, which clearly diverged from Convention values, particularly with regard to its criminal law and criminal procedure, its rules on the legal status of women and the way it intervened in all spheres of private and public life in accordance with religious precepts.

  • 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

  • Country: 
    Saudi Arabia
    News Date: 
    07/06/2019
    Summary: 

    Saudi Arabia has sentenced to death a teenager for participating in the pro-democracy Arab Spring protests when he was just 10 years old.

  • Country: 
    Pakistan
    News Date: 
    05/11/2018
    Summary: 
    • "I am requesting the president of the United States, Donald Trump, to help us exit from Pakistan." — Ashiq Masih, Asia Bibi's husband.

    • "Placing Asia Bibi on the ECL [no-fly list] is like signing her death warrant." — Wilson Chowdhry, Chairman of the British Pakistani Christian Association.

  • Beyond Terror - Anne Marie Waters
    Summary: 

    Western democratic societies are built on an open exchange of ideas.  In recent decades, however, all criticism of one particular topic has been so consistently labeled as ‘racism’ or ‘hate’ effectively sabotaging any dialogue on this topic and making it nearly impossible for the truth to emerge. Anne Marie Waters, a British politician, did the unthinkable. She spoke out, publicly, on the topic of Islam, and having started in the liberal Labour Party (UK) is now mischaracterized as belonging to the extreme right.

    Beyond Terror addresses Orwellian nature of this problem, laying out the facts about Islam's concerted and shocking efforts to undermine the fabric of Western Civilization, and how this broad movement, affecting every Western nation, is being aided and abetted by liberal political parties. This book seeks not to attack an enemy, rather to inform the populations of nations already under attack, to enable a wider discussion about immigration from the non-Western world, the teachings of the religion of Islam, and the collusion of far-left groups with Islamists and jihadists.

    Anne Marie's message is connecting with millions of people.  A majority of Europeans expressed, in a 2016 survey, a desire to ban immigration from Muslim societies altogether. And yet leaders and the media in most of these nations ignore those expressing legitimate concerns about Islam as ‘racists’ or ‘bigots’.  This book reveals the opposite, that what many oppose is the spread of Islamic subversion of the rights and freedoms of women, in particular, and the societal norm of freedom of expression previously considered sacred in Western nations. Her mission is to engage in public discourse on the future of society to ensure that the rights and freedoms that we, in the West, currently enjoy will be passed on to our children. 

  • Country: 
    Pakistan
    News Date: 
    19/10/2017
    Summary: 

    A Pakistani parliamentarian’s speech has garnered international attention after he announced plans to table a resolution that will bar non-Muslims from holding public office and exclude them from the country’s armed forces.

  • Country: 
    Pakistan
    News Date: 
    11/08/2017
    Summary: 

    ISLAMABAD: Lawmakers belonging to minorities demanded to amend the Constitution and make non-Muslims eligible for the slots of president and prime minister of the country. “Although it will be almost impossible for any non-Muslim to become president or the prime minster of the country under the present circumstances, at least the Constitution should be made neutral in this regard,” Khalil George, member of the National Assembly, said on Thursday.

  • Country: 
    Iran (Islamic Republic of)
    News Date: 
    03/05/2017
  • Summary: 

    The judge held that according to the Islamic religion, the woman should submit completely to her husband's will, thus effectively accepting rape.

  • Author(s):

    Summary: 

    With regard to the main grounds for dissolution, these could be classified into three main groups:

    (i) a plurality of legal systems cannot be considered compatible with the Convention system, as it would introduce a distinction between individuals based on religion and thus, firstly, do away with the Stateís role as the guarantor of individual rights and freedoms and the impartial organiser of the practice of different religions and beliefs and, secondly, create an unacceptable discrimination;

    (ii) as to the application of sharia within the context of such a plurality of systems, explicitly proposed in certain of the statements referred to, the Court accepted the Constitutional Courtís conclusion that these statements formed a whole and gave a clear picture of a model proposed by Refah of a state and society organised according to religious rules; however, sharia is incompatible with the fundamental principles of democracy, since principles such as pluralism in the political sphere and the constant evolution of public freedoms have no place in it and a regime based on sharia clearly diverges from Convention values; Contracting States may oppose political movements based on religious fundamentalism in the light of their historical experience, and taking into account the importance of the principle of secularism in Turkey the Constitutional Court was justified in holding that Refahís policy of establishing sharia was incompatible with democracy;

    (iii) as to the relationship between sharia and the plurality of legal systems, Refahís policy was to apply some of shariaís private law rules to the Muslim population in the framework of a plurality of legal systems; however, such a policy goes beyond the freedom of individuals to observe the precepts of their religion and falls outside the private sphere to which Turkey confines religion, thus suffering from the same contradictions with the Convention system as the introduction of sharia; freedom of religion, including freedom to manifest religion, is primarily a matter of individual conscience and the sphere of individual conscience is quite different from the field of private law, which concerns the organisation and functioning of society ñ it had not been disputed that in Turkey everyone can observe in his private life the requirements of his religion but on the other hand any State may legitimately prevent the application within its jurisdiction of private law rules of religious inspiration prejudicial to public order and the values of democracy;

  • Country: 
    United Kingdom (UK)
    News Date: 
    11/08/2016
    Summary: 

    Anti-corruption tsar Sir Eric Pickles said the 'integrity of democracy' in Britain is at stake. VOTE rigging in Muslim communities has gone unchallenged because “politically correct” and other bodies are scared of causing offence, a hard-hitting report reveals today. Authorities have also turned a “blind eye” to bullying and religious intimidation among Asian communities at election times, former Cabinet Minister Sir Eric Pickles found.

  • Country: 
    United Kingdom (UK)
    News Date: 
    27/12/2016
    Summary: 

    oters in towns and cities with large Muslim communities d will have to show their passports or driving licences before casting their ballot.

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