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7 LUMS L.J. 152 (2020)
Islamic Personal Law in Europe: A Chance for the Integration of European Muslim Community

handle is hein.journals/lumslj7 and id is 158 raw text is: 





    Islamic Personal Law in Europe: A Chance for the Integration of
                     European Muslim Community

                              Beata Polok*

Abstract

The influx of immigrants from Muslim countries has initiated a discourse on
the incompatibility of Sharia rules with European values and has given rise to
certain questions regarding the application of Islamic law in several European
countries. The right of Muslim women to wear a veil is one of the most
evident examples of the controversy amongst the Muslim communities living
in Europe. Though European governments place emphasis on the integration
of Muslims and their rights, so far the criticism of Islam has failed to facilitate
this process. This article is an attempt to answer the question of the ways in
which Islamic law is perceived through the prism of the Council of Europe,
European Court of Human Rights (ECHR), and legislation of selected
European countries. The author attempts to answer the question of whether or
not it is possible to implement Islamic law in Europe while respecting
European principles and values.

Keywords: Islam, Sharia, Muslims in Europe, Integration, Council of Europe,
Human Rights

Introduction

The influx of Muslims in Europe as a result of the migration crisis has
unleashed the debate about legal differences between Islamic and Western
cultures. Many non-Muslim European citizens treat Muslims as outsiders
who should retain the status of guests and obey the law of the region. Growing
fear and hatred against Muslims in Europe have caused a wave of
Islamophobia. Geert Wilders is one of the most well-known European
politicians responsible for driving the wave of hate directed towards Muslims.
A surprising finding is that the anti-Muslim atmosphere is created in countries
where Muslims constitute less than 0.5% of the country's population.' For

PhD Candidate at Uniwersytet Sl1ski w Katowicach.
According to Pew Research Centre Report from 2017, the countries with the largest number
of Muslim populations in Europe are: Cyprus (25.5%) France (12.5%), Bulgaria (12.5%)

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