Applying Islamic Norms in Europe: The Example of Bosnian Muslims

Abstract

Is Islamic law still valid in Europe? This paper argues “yes”—though not in the form of hard “law” but rather in the form of soft “norms” which are not state-sanctioned, but still carry heavy significance for practicing Muslims. The paper examines cases where Islamic moral, ethical and in some cases legal norms can be applied in a secular country without clashing with state laws. It further demonstrates that, based on fatawa issued by Islamic scholars in Bosnia and Herzegovina, Islamic norms may still apply for Muslims living in secular European states, although they are not legally binding. This may be illustrated by classifying norms into religious (God's commandment to fast, pray, give alms), moral–ethical (consumption of alcohol, dressing properly) and Islamic legal norms (marriage, divorce, inheritance). The conclusion is that a vast majority of these norms can be adhered to by Muslims either within the scope of guaranteed religious freedoms in civil society or may otherwise be applied without clashing with secular civil laws.