Abolish, Maintain or Reform Sharita Law?
The Greek National Commission for Human Rights, along with the bar associations of Greece recommended the abolition of SharLa law as it contravenes art. 20 of the Greek constitution (right to effective legal protection), and art.
6 of the Convention and called the government to cooperate with the chairperson of the Court of Cassation in order to educate the judiciary about the position of Sharita law within the Greek legal order.[254] [255] [256] [257] [258] The Parliamentary Assembly of the Council of Europe linked the abolition of Sharita law to the selection mode of the muftis. The Assembly urged the Greek authorities toallow the Muslim minority to choose freely its muftis as mere religious leaders (that is, without judicial powers), through election or appointment, and thus to abolish the application of Sharita law- which raises serious questions of compatibility with the European Convention on Human Rights - as recommended by the Commissioner for Human Rights.26
Greek scholars also proposed the abolition of Sharita.27 Others propose the amendment of Sharita in order to embody human rights principles through evolution from within the mufti courts and the community?8
In considering proposals for the abolition or the maintenance of Islamic law, one has to carefully evaluate the social and political factors that make up the “minority question” of Thrace, free of any preconceptions of the past. A development that could resolve the tension between religious minority rights and Western democratic standards may be the internal reform of Islamic law. The written sources of Sharita could be interpreted through the critical hermeneutic endeavour of jurists to analyze and comprehend them in a way that meets human rights standards?9 If that were to happen, Sharita law, reformed from within, could comply with fundamental human rights principles; and Western law could accommodate Islamic law. Needless to say, the consultation of those who are directly involved, namely the religious courts and the local society of Thrace, is a must.
The need for an open dialogue on the issue has been stressed by the Commissioner for Human Rights of the Council of Europe who also expressed strong opinions on the implementation of Muslim law in Greece:[259] [260]III. The Commissioner takes note of the very serious concerns that have been expressed by competent national and international organisations about the application to Muslim Greek citizens in Thrace of the Sharita Law in family and inheritance law matters by Muftis who are appointed by the Greek state. Given the issues of incompatibility of this practice with European and international human rights standards, the Commissioner recommends its review by the authorities, institutionalizing at the same time an open and continuous dialogue with representatives of the Muslim minority on all matters affecting their everyday life and human rights, in accordance with the Council of Europe standards. Any amendment of the current legal framework should be carried out with the direct involvement of the minority concerned that should be fully enabled to participate effectively in cultural and social life and in public affairs. In the meantime, the Commissioner urges the Greek authorities to ensure an effective review and control by domestic civil courts of the judicial decisions which are rendered by Muftis.
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