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Conclusions

The era after the population exchange of 1923 was marked by a drastic decrease of the Muslim population in Greece and the minoritisation of the Muslims of Thrace (and after 1947 of the Muslims of the Dodecanese islands).

Hence, the Muslim minority became part of a political balance of bilateral relations between Greece and Turkey and its welfare is safeguarded by an old-fashioned legal status stemming from the Treaty of Lausanne. On the other hand, the arrival in Greece after the 1990s of hundreds of thousands of Muslim immi­grants seeking political asylum or economic prosperity has created a ‘new Muslim minority' which struggles for a better future within the Greek society. Today, the legal position of Muslims in Greece is governed by a fragmented legal framework, outside and inside Thrace. As far as the latter is regarded, the jurisdiction of the mufti is one of the most ambivalent characteristics of mi­nority protection, insofar as it contradicts fundamental human rights.

For long the Greek law did not provide for the application of Sharita law by civil courts. Often, the Court of Cassation was introducing exemptions to the universal applicability of the Civil Code based on a segregation of ‘Greek’ and ‘Muslim’ law. Citizens are seen as belonging to closed communities, sub­ject to different legal orders. Human rights standards are bent according to religious affiliation. This situation amounted to an imposed division between Greek citizens on religious grounds, contradicting the Constitution and the Convention under the scope of discrimination on the ground of religious iden­tity (echr, Art. 14). Yet Islam is still perceived as incompatible with the pre­vailing Christian/Greek identity, which makes it difficult for Muslims to fully enjoy Greek citizenship. Although the new regulations will settle several issues of incompatibility with fundamental human rights principles, the Greek gov­ernments seem to suffer from inertia, as they remain reluctant to acknowledge and incorporate the transformations which in the near future, if not today, will characterise Greek Islam.

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Source: Oberauer Norbert, Prief Yvonne, Qubaja Ulrike (eds.). Legal Pluralism in Muslim Contexts. Brill,2019. — x, 258 p.. 2019
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