19 December 2018

Sharia ‘law’ should not trump domestic law, ECHR rules

A Greek court was wrong to prioritise sharia 'law' provisions over those of the country's domestic legal code, the European Court of Human Rights (ECHR) has ruled.

The ECHR ruled that the Greek Court of Cassation's decision to allocate a man's legacy according to the principles of sharia 'law' was incorrect.

It ruled that the difference in treatment which the man's wife suffered in comparison to a beneficiary of a will from a non-Muslim had not been objectively and reasonably justified.

The Greek court had ruled in favour of the man's two sisters, who claimed rights to his estate under sharia principles. There are provisions for the application of Islamic religious 'law' to Muslim Greeks in the Western Thrace region.

But on Wednesday the ECHR sided with the man's wife, Chatitze Molla Sali, who claimed his entire estate in line with his will. The court ruled that Greek domestic law should have taken precedence over sharia.

The court said "several international bodies" had expressed "concern" about the application of sharia 'law' to Greek Muslims in the Western Thrace region and the discrimination it creates. [National Secular Society] Read more