The development of Islamic Law in the Diaspora

Rohe M (2020)


Publication Type: Journal article

Publication year: 2020

Journal

Book Volume: 23

Pages Range: 185-200

Journal Issue: 1

DOI: 10.1440/96923

Abstract

This article deals with the application of Islamic legal norms in the European diaspora. Other than religious norms, legal ones do not fall within the scope of religious freedom granted by art. 9 of the ECHR and national constitutions. This paper will concentrate on the situation in European countries, mainly taking the UK and Germany as examples to tackle traditional definitions of “diaspora” that do not seem to perfectly fit the Muslim case. In fact, given the religious, ethnic, and social diversity of Muslims, it seems there is no collective memory about a common “homeland,” no idealization of a real or imagined ancestral home. The core issue for the diasporic Muslim communities is whether ing Islamic legal norms might be accepted and integrated into existing state law, or instead are to be treat as the exceptional case that must be continually justified under a secular legal order.

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How to cite

APA:

Rohe, M. (2020). The development of Islamic Law in the Diaspora. Quaderni di diritto e politica ecclesiastica, 23(1), 185-200. https://dx.doi.org/10.1440/96923

MLA:

Rohe, Mathias. "The development of Islamic Law in the Diaspora." Quaderni di diritto e politica ecclesiastica 23.1 (2020): 185-200.

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