Accomodating the crescent within the Union : human rights issues resulting form muslim presence in Europe

Abstract

Europe has become a popular destination for Muslim immigrants. There seems to be no disagreement that Islam has a foothold in the EU and is here to stay. Islam is growing faster than any other religion in Europe and the EU is reliant on migrant labour to help support its generous pension schemes. These figures show that Muslims make up a substantial minority worthy of consideration. Hence, the necessity to enquire how the 'Crescent' is to be accommodated within the 'Union' and the compatibility of fundamental human rights between the two legal families. The dominant derogatory perceptions of Islam and Muslims tend to be reinforced by the ongoing controversy between Islam and Human Rights. The 09/11 events have only further nurtured a general feeling of 'islamophobia'. In fact, amidst the wider debate of 'the war on terror', one only rarely gets to hear or read about the differing legal approaches to personal law, ritual slaughtering, worship etc. Secondly, the prospect of Turkey's accession to the European Union seems to be creating fear of religious, legal and cultural imbalance. The EU has been more than adamant about Turkey's conformity to human rights policies before considering the latter's admission. Giving Islam a sound legal status in the European Member States means addressing a number of delicate issues spurred by the Muslim presence in Europe. Among the questions which will be addressed by this dissertation one will find human rights concerns relating to family and personal law. The chief area of conflict between Islam and Human Rights is not politics, but rather Civil Law. This is also illustrated by the debate over secularism and Islam. How are Muslims in Europe to be accommodated without falling foul of the European idea of fundamental human rights? As a case in point, can polygamy and 'Talaq' (repudiation) be reconciled with the European notion of human rights? Is Muslim family law to be bound by human rights criteria? Another part of this dissertation will be dedicated to the headscarf issue and jurisprudence on the same. How is the European Court of Justice and the European Court of Human Rights dispensing of cases concerning Islamic elements? For example, mention is made of the Sahin case which has transformed the Muslim headscarf as a European legal issue. Is this veil an expression of one's faith or a perpetuation of gender inequality? The above are only some of the core issues which will be tackled by this dissertation. The interplay between Islam and Fundamental Human Rights will shape whether the future will be one of a 'Muslim Europe' or a 'Euro Islam'.