The Last Sharīʿa Court in Europe. On Molla Sali vs Greece (ECHR 2018)

Berger, M.S.

Persistent URL of this record https://hdl.handle.net/1887/135618

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Institute for Area Studies (LIAS)

Berger, M.S. (2020)

The Last Sharīʿa Court in Europe. On Molla Sali vs Greece (ECHR 2018)

Article / Letter to editor

On its face, the ruling in Molla Sali v. Greece (European Court of Human Rights 2018) was about choice of forum: in an inheritance dispute, could heirs choose to apply Islamic inheriance law or did a will drawn up in accordance with Greek inheritance law govern a Muslim decedent's estate? The case is significant not so much for its outcome, but because it involved features of two legal systems that are relatively unknown among European and American jurists: interpersonal law and Islamic law in the autonomous region of Greece. The Court's reasoning provides detailed insight into how features of these systems may clash with systems of European civil and common law, particularly in the framework of human rights.