An Analysis of the Relationship between Shari'ah and Secular Democracy and the Compatibility of Islamic Law with the European Convention on Human Rights

Baderin, Mashood

Abstract

The relationship between shariʽa and secular democracy, with the question whether Islamic law is compatible with the European Convention on Human Rights (ECHR), is far more complex than sensational media reports would suggest. In the present context we are asking whether formal recognition of (aspects of) shariʽa/Islamic law as part of the laws of the UK, in any form, would be repugnant to the country’s ‘secular’ democratic system or would create problems in respect of its international obligations under the ECHR. We must ask as well, more generally, whether or not shariʽa/Islamic law and democracy/human rights are or can be compatible or can coexist at all. The pragmatic answer to both questions has to be, ‘Yes’ and ‘No’.

Citation

Baderin, M. (2013). An Analysis of the Relationship between Shari'ah and Secular Democracy and the Compatibility of Islamic Law with the European Convention on Human Rights. In R. Griffith-Jones (Ed.), Islam and English Law: Rights, Responsibilities and the Place of Shari'a (72-93). Cambridge University Press. https://doi.org/10.1017/CBO9781139128834.010

• Publication Date: May 1, 2013
• Deposit Date: Mar 9, 2012
• Publisher: Cambridge University Press
• Pages: 72-93
• Book Title: Islam and English Law: Rights, Responsibilities and the Place of Shari'a
• ISBN: 9781107021648
• DOI: https://doi.org/10.1017/CBO9781139128834.010