How Do European Judges Imagine Religious Law, And More Specifically Islamic Law ?

Christians, Louis-Léon
(2024) Law’s Making, Unmaking, and Remaking of Religion? Middle Eastern and Comparative Perspectives — Location: Bordeaux / CNRS / SciencePo (16.May.2024)

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Abstract
How does the European Court of Human Rights understand the reference to the 'shari'a' or, more generally, to all Islamic norms? Different types of dispute are examined, with a view to analysing three criteria: the 'central and necessary part of practice', the priority of voluntary adherence to religious normativity over examination of its content, and finally the distinction between exogenous coercion (linked to the speaker's ability to act) and endogenous coercion, sometimes linked to metaphysical performativity, sometimes disqualified as 'obscurantist'.
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Christians, L.-L. (2024). How Do European Judges Imagine Religious Law, And More Specifically Islamic Law ? Law’s Making, Unmaking, and Remaking of Religion? Middle Eastern and Comparative Perspectives, Bordeaux / CNRS / SciencePo. https://hdl.handle.net/2078.5/213694