The settlement in Europe of migrants from Muslim-majority countries and the transnational dimension of their lives have brought to the fore confl icting claims, novel trans-jurisdictional problems and practices that are at odds with public policy. Leaving aside issues of jurisdiction and applicable law, which are analysed by other chapters, in the following pages we will clarify some key shar ī ’ a concepts that have surfaced in the cases and highlight problematic aspects pertaining to the enforcement of shar ī ’ a -based norms by the European courts of law.
EUFam’ s Cases and Issues of Islamic Law / E.A. Giunchi (STUDIES IN PRIVATE INTERNATIONAL LAW). - In: Planning the Future of Cross Border Families : A Path Through Coordination / [a cura di] I. Viarengo, F. Villata. - Prima edizione. - [s.l] : Hart publishing, 2020. - ISBN 9781509919871. - pp. 31-43
EUFam’ s Cases and Issues of Islamic Law
E.A. Giunchi
2020
Abstract
The settlement in Europe of migrants from Muslim-majority countries and the transnational dimension of their lives have brought to the fore confl icting claims, novel trans-jurisdictional problems and practices that are at odds with public policy. Leaving aside issues of jurisdiction and applicable law, which are analysed by other chapters, in the following pages we will clarify some key shar ī ’ a concepts that have surfaced in the cases and highlight problematic aspects pertaining to the enforcement of shar ī ’ a -based norms by the European courts of law.
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