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Key-Documents

Summary:


  1. Primary source documents:

    1. ECHR:                                                  http://www.echr.coe.int/Documents/Annual_report_2003_ENG.pdf

    2. Council of Europe Report:                    http://www.assembly.coe.int/Committee/JUR/ajdoc282016.pdf

    3. Council of Europe Resolution 2253:     http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=25353

    4. Manual of sharia law:                            https://www.amazon.co.uk/Reliance-Traveller-Classic-Manual-Islamic/dp/0915957728

  2. The European Court of Human Rights (ECHR) has ruled that sharia is “incompatible with democracy and human rights”.

  3. This ruling has been enhanced by the Council of Europe (CoE), the political body representing 47 European governments, that oversees the ECHR via several resolutions. These are:,

    • Resolution 1704 in 2010 calling for the abolition of the application of sharia in Thrace(Greece) where it has some legal standing due to treaties following the dissolution of the Ottoman empire.

    • Document 13965 - ‘Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the “Cairo Declaration”? A rapporteur was appointed to examine the issue and key parts of her report are:


    • “In this study I shall be looking at the general principles of Sharia law in relation to the European Convention on Human Rights”

      “Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim.”

      13. In Islamic family law, men have authority over women. Surah 4:34 states: ‘Men have authority over women because God has made the one superior to the other, and because they spend their wealth to maintain them. Good women are obedient. They guard their unseen parts because God has guarded them. As for those from whom you fear disobedience, admonish them and forsake them in beds apart,
      and beat them. Then if they obey you, take no further action against them. Surely God is high, supreme.’ While wives clearly have a duty of fidelity, husbands do not. In Sharia law, adultery is strictly prohibited. Legal doctrine holds that the evidence must take the form of corroborating testimony from four witnesses to prove an individual’s guilt. These witnesses must be men of good repute and good Muslims. The punishment is severe and degrading, namely ‘a hundred lashes’. In the case of rape, which is seldom committed in public before four male witnesses who are good Muslims, punishing the rapist is difficult if not impossible. In practice, this obliges women to be accompanied by men when they go out and is not conducive to their independence. While divorce by mutual consent is enshrined in Islamic law, the application has to come from the wife, since the husband can repudiate his wife at any time. There is also the question of equal rights with regard to divorce arrangements such as custody of children.

       

      14. For division of an estate among the heirs, distinctions are made according to the sex of the heir. A male heir has a double share, whereas a female heir has a single share. The rights of a surviving wife are half those of a surviving husband.

      15. In criminal cases, cruel, inhuman and degrading punishments are authorised by Sharia law, including death by stoning, beheading and hanging, amputation of limbs, and flogging. Apostasy results, firstly, in the apostate’s civil death, with the estate passing to the heirs, and, secondly, in the apostate’s execution if he or she does not recant.

      Lastly, non-Muslims do not have the same rights as Muslims in civil and criminal law, which is discrimination on the ground of religion within the meaning of Article 14 of the Convention.

      http://www.assembly.coe.int/Committee/JUR/ajdoc282016.pdf

       

    • Resolution 2253 which has been adopted [=taken as a political stance] by the UK government states:


    • 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.”



      “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.”

       

      In this context, the Assembly regrets that despite the recommendation it made in its Resolution 1704 (2010) 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.”

       http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=25353

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