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European Court of Human Rights on Shariah Law: Difference between revisions
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European Court of Human Rights on Shariah Law (view source)
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The European Court of Human Rights (ECtHR) determined on July 31, 2001, that "the institution of Sharia law and a theocratic regime, were incompatible with the requirements of a democratic society." This statemant was made in connection with the banning of the Welfare Party (''Refah Partisi'', RP), an [[Islam|Islamist]] political party in [[Turkey]].<ref name="ECtHR2001">[{{Reference archive|1=http://web.archive.org/web/20010811161803/http://www.echr.coe.int/Eng/Press/2001/July/RefahPartisi2001jude.htm|2=2013-09-14}} ECtHR Judgment in the case of Refah Partisi (The Welfare Party) Erbakan, Kazan and Tekdal v Turkey] (Press Release 31.7.2001; Judgment 31.7.2001)</ref> | The European Court of Human Rights (ECtHR) determined on July 31, 2001, that "the institution of Sharia law and a theocratic regime, were incompatible with the requirements of a democratic society." This statemant was made in connection with the banning of the Welfare Party (''Refah Partisi'', RP), an [[Islam|Islamist]] political party in [[Turkey]].<ref name="ECtHR2001">[{{Reference archive|1=http://web.archive.org/web/20010811161803/http://www.echr.coe.int/Eng/Press/2001/July/RefahPartisi2001jude.htm|2=2013-09-14}} ECtHR Judgment in the case of Refah Partisi (The Welfare Party) Erbakan, Kazan and Tekdal v Turkey] (Press Release 31.7.2001; Judgment 31.7.2001)</ref> | ||
The ban was upheld by the ECtHR on February 13, 2003. Noting that the Welfare Party had pledged to set up a regime based on the [[Shariah|Shari'ah]], the Court found that, "sharia was incompatible with the | The ban was upheld by the ECtHR on February 13, 2003. Noting that the Welfare Party had pledged to set up a regime based on the [[Shariah|Shari'ah]], the Court found that, "a sharia-based regime was incompatible with the Convention, in particular, as regards the rules of criminal law and procedure, the place given to women in the legal order and its interference in all spheres of private and public life in accordance with religious precepts."<ref name="ECtHR2003a">European Court of Human Rights, [{{Reference archive|1=http://www.echr.coe.int/Documents/Annual_report_2003_ENG.pdf|2=2013-09-14}} "Annual Report 2003"], (2004) p. 6.</ref> It considered that "sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable."<ref name="ECtHR2003">European Court of Human Rights, [{{Reference archive|1=http://www.echr.coe.int/Documents/Annual_report_2003_ENG.pdf|2=2013-09-14}} "Annual Report 2003"], (2004) p. 21.</ref> | ||
==Texts== | ==Texts== | ||