Interdisciplinary Journal of Ecclesiastical Law
Article 9 Application of Islamic law in the domestic legal order
2021-11-05 04:08
SUMMARY
The case-law of the Court (and the former Commission) concerning Islamic law as such and its
application in the domestic legal orders of the Contracting States is very scarce. The Court has ruled
that Shari’a as a legal and political system is clearly incompatible with the fundamental values of the
Convention; however, this is not necessarily true when it comes to particular provisions of Islamic
law. In situations involving the real or possible application of Islamic law, both the Court and the
former Commission have given priority to the European ordre public (and other autonomous
considerations like the best interest of the child), while trying, to some extent, to accommodate other
interests like cultural diversity.
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