Human rights court rules against Greece in Sharia law case
Legal Events
Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.
The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.
The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.
The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.
"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.
"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."
Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.
Legislation concerning minorities in Greece was based on international treaties drawn up in the 1920s following the wars that broke out in the aftermath of the Ottoman empire's collapse. Civil cases involving the 100,000-strong Muslim minority in northeastern Greece were dealt with under Islamic law and presided over by a single official, a state-appointed Muslim cleric, or mufti.
But in January this year, the Greek parliament voted to limit the powers of Islamic courts. The new law, which was backed by the country's largest political parties, eliminated rules referring many civil cases involving members of the Muslim community to Sharia law. It had been brought to parliament following Sali's complaint.
The European Court of Human Rights said that while it "noted with satisfaction" the change in legislation, the new law "had no impact on the situation of the applicant" as the final rulings in her case had been made under the old system.
Related listings
-
Government asks high court to hear transgender military case
Legal Events 12/01/2018The Trump administration asked the Supreme Court on Friday to issue an unusually quick ruling on the Pentagon's policy of restricting military service by transgender people. It's the fourth time in recent months the administration has sought to bypas...
-
3 hurt in court shooting leave hospital; gunman identified
Legal Events 09/17/2018The wife of a gunman killed after he opened fire at a Pennsylvania municipal building Wednesday said in a social media post that she was OK but did not say whether she had been injured in the shooting.Crystal Dowdell, 39, posted on her Facebook accou...
-
Alaska man tied to girl's death appears in court
Legal Events 09/15/2018An Alaska man linked to a missing 10-year-old girl's death made his first appearance in federal court Tuesday. Peter Wilson, 41, of Kotzebue is charged with making false statements as authorities tried to find Ashley Johnson-Barr.Assistant U.S. Attor...
Our Eugene Oregon Bankruptcy Practice
Since 2005, Erin Uhlemann has helped individuals and families facing financial difficulties file for bankruptcy relief. Erin's compassion and understanding of the law have helped hundreds of Oregonians achieve a financial fresh start. She started Willamette Valley Bankruptcy to focus on helping clients with bankruptcy and debt issues in the Lane County Area. Erin understands that choosing a bankruptcy attorney who makes you feel comfortable and confident can be as difficult as deciding whether to file a bankruptcy case. Because she knows that filing bankruptcy is not something that you planned to do or look forward to doing, Erin strives to make the process as easy as possible.
Because most people facing bankruptcy do not have extra money to pay fees, Willamette Valley Bankruptcy offers low upfront fees and will work with you to set up affordable payment plans to pay attorney fees and court filing fees. Consultations are always free so that you can get the answers you need before making any sort of financial commitment. If you have questions about attorney fees and payment plans, you can call or email today to get these questions answered.