Accommodating Muslims in Europe: From Adopting Sharia Law to Religiously Based Opt Outs from Generally Applicable Laws

Abstract

This article considers the possibilities for accommodating the growing numbers of Muslims in Europe. Sections 2-5 examine the compatibility of the adoption of Islamic Law or an Islamic Law system with the European Convention on Human Rights. In particular, section 4 critiques the judgment of the European Court of Human Rights in the Refah Case. Section 6 considers whether Muslims could be accommodated by the adoption of particular rules of sharia law. Section 7 examines whether some adoption of sharia law could be achieved by allowing more exemptions or opt outs for Muslims from generally applicable laws. Section 8 addresses the possibilities for using sharia law in alternative dispute resolution. Section 9 submits that a more positive and constructive accommodation strategy might be based on close examination of the scope of protection provided to Muslims by the Convention. Finally, Section 10 asks whether the future will be one of a more identifiable category of European Muslims.