22/01/2019: Sharia, the Cairo Declaration and the European Convention on Human Rights – PACE Resolution

“In this context, the Assembly regrets that despite the recommendation it made in its Resolution 1704 (2010) on freedom of religion and other human rights for non-Muslim minorities in Turkey and for the Muslim minority in Thrace (eastern Greece), asking the Greek authorities to abolish the application of Sharia law in Thrace, this is still not the case. Muftis continue to act in a judicial capacity without proper procedural safeguards. The Assembly denounces in particular the fact that in divorce and inheritance proceedings – two key areas over which muftis have jurisdiction – women are at a distinct disadvantage.

The Assembly, while noting the legislative change in Greece which made the practice of Islamic sharia law in civil and inheritance matters optional for the Muslim minority, calls on the Greek authorities to rapidly and fully implement the Grand Chamber judgment of the European Court of Human Rights in the case of Molla Sali v. Greece and in particular, to monitor whether the above-mentioned legislative change will be sufficient to satisfy the requirements of the Convention; allow the Muslim minority to choose freely its muftis as purely religious leaders (that is, without judicial powers), through election, thereby abolishing the application of Sharia law, as already recommended in Resolution 1704 (2010)

The Assembly calls on the countries (member States and observer States) who are members of the OIC, on Greece and on the United Kingdom to report back to the Assembly by June 2020 on the actions they have taken as a follow-up to this resolution.”

The full text of the Resolution is available here.

 

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