European Court of Human Rights on Shariah Law: Difference between revisions

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The European Court of Human Rights (ECtHR) determined on July 31, 2001, that "the institution of Sharia law and a theocratic regime, were incompatible with the requirements of a democratic society." This statemant was made in connection with the banning of the Welfare Party (''Refah Partisi'', RP), an [[Islam|Islamist]] political party in [[Turkey]].
The European Court of Human Rights (ECtHR) determined on July 31, 2001, that "the institution of Sharia law and a theocratic regime, were incompatible with the requirements of a democratic society." This statemant was made in connection with the banning of the Welfare Party (''Refah Partisi'', RP), an [[Islam|Islamist]] political party in [[Turkey]].


The ban was upheld by the ECtHR on February 13, 2003. Noting that the Welfare Party had pledged to set up a regime based on the [[Shariah|Shari'ah]], the Court found that, "sharia was incompatible with the fundamental principles of democracy as set forth in the Convention. It considered that 'sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable."
The ban was upheld by the ECtHR on February 13, 2003. Noting that the Welfare Party had pledged to set up a regime based on the [[Shariah|Shari'ah]], the Court found that, "sharia was incompatible with the fundamental principles of democracy as set forth in the Convention." It considered that "sharia, which faithfully reflects the dogmas and divine rules laid down by religion, is stable and invariable."
 
==Texts==
 
===Press Release (July 2001)===


{{Quote||<center>JUDGMENT IN THE CASE OF REFAH PARTISI (THE WELFARE PARTY) ERBAKAN, KAZAN AND TEKDAL v. TURKEY</center>
{{Quote||<center>JUDGMENT IN THE CASE OF REFAH PARTISI (THE WELFARE PARTY) ERBAKAN, KAZAN AND TEKDAL v. TURKEY</center>
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The Court’s judgments are accessible on its Internet site (<nowiki>http://www.echr.coe.int</nowiki>).
The Court’s judgments are accessible on its Internet site (<nowiki>http://www.echr.coe.int</nowiki>).


Registry of the European Court of Human Rights<BR>F – 67075 Strasbourg Cedex<BR>Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92)<BR>Emma Hellyer (telephone: (0)3 90 21 42 15)<BR>Fax: (0)3 88 41 27 91
'''Registry of the European Court of Human Rights<BR>F – 67075 Strasbourg Cedex<BR>Contacts: Roderick Liddell (telephone: (0)3 88 41 24 92)<BR>Emma Hellyer (telephone: (0)3 90 21 42 15)<BR>Fax: (0)3 88 41 27 91'''


''The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.''}}
''The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.''}}
===Annual Report 2003 (May 2004)===


{{Quote||As I do every year, I will tonight outline some of the main messages which emerge from  our case-law over the past year. This year I shall talk about four cases.  
{{Quote||As I do every year, I will tonight outline some of the main messages which emerge from  our case-law over the past year. This year I shall talk about four cases.  
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