You are here

ECHR

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.

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

Summary: 

Sharīʿah, also spelled Sharia, the fundamental religious concept of , namely its law, systematized during the 2nd and 3rd centuries of the Muslim era (8th–9th centuries CE).

Total and unqualified submission to the will of  (God) is the fundamental tenet of Islam: Islamic law is therefore the expression of Allah’s command for Muslim society and, in application,  a system of duties that are incumbent upon a Muslim by virtue of his religious belief. Known as the Sharīʿah (literally, “the path leading to the watering place”), the law constitutes a divinely ordained path of conduct that guides Muslims toward a practical expression of religious  in this world and the goal of divine favour in the world to come.

...

In classical form the  differs from Western systems of law in two principal respects. In the first place the scope of the Sharīʿah is much wider, since it regulates an individual’s relationship not only with one’s neighbours and with the state, which is the limit of most other legal systems, but also with God and with one’s own  practices, such as the daily prayers, almsgiving, fasting, and , are an  part of Sharīʿah law and usually occupy the first chapters in the legal manuals. The Sharīʿah is also concerned as much with  standards as with legal rules, indicating not only what an individual is entitled or bound to do in law but also what one ought, in conscience, to do or refrain from doing. Accordingly, certain acts are classified as praiseworthy (mandūb), which means that their performance brings divine favour and their omission divine disfavour, and others as blameworthy (makrūh), which means that omission brings divine favour and commission divine disfavour; but in neither case is there any legal sanction of punishment or reward, nullity or validity. The Sharīʿah is not merely a system of law, but a  code of behaviour that embraces both private and public activities

...

Offenses against another person, from homicide to assault, are punishable by retaliation (qiṣāṣ), the offender being subject to precisely the same treatment as his victim. But this type of offense is regarded as a civil injury rather than a crime in the technical sense, since it is not the state but only the victim or his family who have the right to prosecute and to opt for compensation or  (diyah) in place of retaliation.

">crimes">apostasy

See also: 

Summary: 

While many secular advocates, right-wing parties and orthodox Islamic groups hold tight to the idea of a static, unresponsive and irrational Islamic law, the traditional framework of Islamic Legal Theory boasts otherwise. Here, the neglected principle of ijtihād is analysed.

The evolutionary vs. immutable nature of Islamic law has been a controversial topic for centuries abound. Can Islamic law develop in response to the ever changing demands of human life? Or have its dictates been determined once and for all, binding it to a complete, static and indisputable set of laws? Is Islamic law an ancient, outdated system that lives in an era far away from our so-called modern times or can it evolve in response to new challenges and circumstances? As Islam becomes an increasingly hot topic of discussion in the media, amongst universities, work places and the general public, such questions are crying out for attention. So, here is my abridged analysis of the notion that lies at the heart of this discussion: ijtihād.

...

But this assumption rests upon an excessively reductive and shallow perception of the nature of Islamic law. Islamic law can be divided into two spheres: the fixed and the flexible. Both spheres grow from the roots of Islam (Sharī’a) but differ in nature.

See also: 

Summary: 

These cases of openings to a justice parallel to that of the State raise several problems. The first is that the acceptance of parallel court decisions is an acceptance of communitarianism. This calls into question the unity of justice in a territory as well as the equality of men before the law, since depending on the religion of the former, the applicable law would not be the same. The applicability of the ECHR in the signatory countries is questioned or at least restricted in certain areas. Areas of “different right” (sometimes called “no rights” zones) where the signatory State would have accepted more or less officially that its right be derogatory.

Finally, this raises the question of the acceptability of certain principles or values. The former PACE Rapporteur explained in her note that “The Court has ruled that Sharia law is in compatible with the European Convention on Human Rights, but obviously this does not mean that there is absolute incompatibility between the Convention and Islam”      

" name="_ftn1">[1] CEDH, Refah Partisi (The Welfare Party) and others v. Turkey [GC], n° 41340/98, 41342/98, 41343/98 and 41344/98, 13 February 2003, § 123.                                                                                                                            

" name="_ftn2">[2] Committee on Legal Affairs and Human Rights, Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the ‘Cairo Declaration’? Introductory Memorandum, AS/JUR (2016) 28, 7 October 2016, § 6. All following passages are excerpts from this note, which contains all sources, .

Country: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
23/02/2018
Summary: 
  • Justin Welby said Sharia law should never become part of the UK legal system
  • His predecessor Lord Williams had said Sharia law could be incorporated
  • Welby said British law had 'values and assumptions' rooted in Christian traditions
  •  
Summary: 

On the 64th anniversary of the adoption of the Universal Declaration of Human Rights (UDHR), LSE Masters student Jonathan Russell explores the differences between the UDHR and the Organisation of Islam Cooperation’s Cairo Declaration of Human Rights in Islam (CDHRI) and argues that the CDHRI limits the universal rights enshrined in the declaration six decades ago today.

...

Most Muslim-majority countries including Egypt, Iran and Pakistan signed the UDHR in 1948, but crucially Saudi Arabia, where the King must comply with Shari’a and the Qur’an, did not sign the declaration, arguing that it violated Islamic law and criticising it for failing to take into consideration the cultural and religious context of non-Western countries. Saudi Arabian law is completely at odds with the UDHR as all citizens are required to be Muslim. Therefore, non-Muslims risk everything from arrest to torture and the death penalty for their beliefs. Women are prohibited from voting or driving a car. Likewise, Said Raja’i Khorasani, an Iranian official and representative to the UN claimed in 1982 that the UDHR was a “secular understanding of the Judeo-Christian tradition” and that it is impossible for Muslims to implement it without contravening Islamic law.[1] In accordance with this criticism, the then 45-member states of the Organisation of the Islamic Conference (OIC, now Organisation of Islamic Cooperation) adopted the Cairo Declaration of Human Rights in Islam (CDHRI) on 5 August 1990 which, despite its claim to be a general guidance for member states of the OIC and complement the UDHR, undermines many of the rights the UDHR is supposed to guarantee. When implemented, the CDHRI essentially removes the universality that underpins the UDHR, providing the 45 signatories and all of their citizens with a set of human rights based on an undefined interpretation of Shari’a law. The CDHRI clearly limits the rights enshrined in the UDHR and the International Covenants and cannot be viewed as complementary to the Universal Declaration.

Country: 
Australia
News Date: 
19/02/2017
Summary: 

I AM accustomed to being hectored by Islamists, frightbats, anti-vaccination fruitcakes and an assortment of social justice warriors — aka government-funded Twitter trolls. But last week, I had the surreal experience of being scolded by an ABC host for not being sufficiently supportive of an Islamic activist advocating for sharia law. ABC radio drive host Rafael Epstein had the gall to admonish me, a migrant who escaped a country under Islamic law, for not supporting an advocate of Islamic law. It’s akin to a freed slave being criticised for a fear of slavery and reluctance to support slave

Summary: 

It is one of the enduring myths of the great liberal delusion that all people aspire to the same values as the values of the Enlightenment. Our ideals, flowing from the Enlightenment, include universal Human Rights and equality for all. So firmly is this ideal built into our psyche that we measure our societal worth by our insistence on pursuing this ideal without exception (barring exceptions, of course). It should not be necessary to point out that these are my ideals, too. I may further add that I hold these ideals to be superior to anything else humanity has hitherto devised.

It is, however, inescapable that Human Rights and equality for all are not ideals that all people share. What is more, significant sections of humanity are actively opposed to them. Indeed, the Universal Declaration of Human Rights (UDHR) and the ideal of equality for all human beings are so strongly opposed by so many, that no fewer than 45 states signed the Cairo Declaration of Human Rights in Islam (CDHRI), adopted in 1990, expressly to challenge the universality of the UDHR, and specifically its applicability to Muslims, and to instead safeguard the pre-mediaeval and inhuman Shari’a as the framework for human relations and interactions. It is neither a slight nor an insult to say that Muslims do not hold to the UDHR as an ideal, on the contrary, it is an affirmation.

Country: 
Belgium
News Date: 
04/12/2017
Summary: 

Volunteers have criticised the Red Cross charity after receiving a communication telling them to remove crucifixes from the walls of their branches as the organisation looks to become more secular. The Belgian branches of the international aid organisation received an email from the Provincial Committee of the Red Cross in Liège to remove all crucifixes. André Rouffart, president of the Red Cross in Verviers, said: “We were asked to respect the principles of the Red Cross”, and not to distinguish between race or religious belief 7sur7 

Pages

Subscribe to ECHR