Emile Noel Fellows Forum, Spring 2003


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International and Regional Economic Law and Justice

Emile Noel Fellows Forum, Spring 2003

Moussa Abou Ramadan

 
 

Forum Paper Title: The (mis) perception of the European Court of Human rights on Islam Law

Description of Forum Paper:

I will examine two main problems raised by the Court: the concept of the immutability of the Shari'a, and the problem of compatibility of the Shari'a, human rights and democracy. It is conceded that the perception of the Court concerning issues of human rights and Islam is a possible one; we can find, as will be discussed, such interpretations of Islamic law. We may even add that this is the dominant view. However, there are other ways of understanding Islamic discourse as promoting a mutable law and a human rights approach that is compatible with the Convention. The Court, in choosing not to address this issue, failed to acknowledge the plurality of Islam.

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Last updated on January 31, 2008

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