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Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act. [194]
While the CDHR can be seen as a significant human rights milestone for Muslim-majority countries, Western commentators have been critical of it. For one, it is a heavily qualified document. [1] The CDHR is pre-empted by shariah law – "all rights and freedoms stipulated [in the Cairo Declaration] are subject to Islamic Shari'ah."
The European Council for Fatwa and Research (ECFR) is a Dublin-based private foundation, founded in London on 29–30 March 1997 on the initiative of the Federation of Islamic Organizations in Europe. The council is a largely self-selected body, composed of Islamic clerics and scholars, presided over by Yusuf al-Qaradawi.
The Muslim population in Europe is extremely diverse with varied histories and origins. [4] [5] [6] Today, the Muslim-majority regions of Europe include several countries in the Balkans (Albania, Bosnia and Herzegovina, Kosovo, and the European part of Turkey), some Russian republics in the North Caucasus and the Idel-Ural region, and the European part of Kazakhstan.
[181] [179] Additionally, since Sharia contained few provisions in several areas of public law, Muslim rulers were able to legislate various collections of economic, criminal and administrative laws outside the jurisdiction of Islamic jurists, the most famous of which is the qanun promulgated by Ottoman sultans beginning from the 15th century ...
A ban on sharia law is legislation that prohibits the application or implementation of Islamic law in courts in any civil (non-religious) jurisdiction.In the United States for example, various states have "banned Sharia law," or a ballot measure was passed that "prohibits the state’s courts from considering foreign, international or religious law."
The Islamic Sharia Council says it is "devoted to the articulation of classical Islamic principles in a manner that provides a platform for Islam to be the cure of all humanity's ills." [6] According to The Economist magazine its "two main founders come from purist schools of Islam, the Deobandis and the Salafis". [5]
The promotion of Sharia law and the non-recognition of Belgian law where communitarianism (the individual is primarily a member of a culture and religion) threatens the constitution and democratic order. The combination of a Sharia legal system with communitarianism risks creating a parallel society. [38]