Articles

ECHR Judgement Summary: "sharia law is incompatible with democracy and human rights"

Source: “Annual Report 2003 of the European Court of Human Rights, Council of Europe”

Summary: 
  • "Multiculturalism and human-rightism promote the notion that migration is a human right, and that the right to migrate leads to further rights and entitlements including social welfare hand-outs for migrants." — Former Czech President Václav Klaus and economist Jiří Weigl, writing in their book, Europe All Inclusive.

  • "Europe is weakened by the leftist utopia of trying to transform a continent that was once proud of its past into an inefficient solidaristic state, turning its inhabitants from citizens into dependent clients." — Václav Klaus.

  • "There are plenty of arguments suggesting that the contemporary migration crisis is connected with the post-democratic character of the EU. That it is a by-product of the already long time existing European crisis, of the systemic errors and misconceptions of European policies, of the built-in defects of EU institutional arrangements, and of the ideological confusions and prejudices of European multicultural political elites." — Václav Klaus.

Summary: 

For 1400 years Islam has subjugated all other religions. What if, for the first time, Islam found out what it meant to be treated like a dhimmi?

Country: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
01/04/2018
Summary: 

Sky News has seen a file of documents given to the Home Office which the local MP claims demonstrates authorities in Telford are still failing to tackle child abuse. MP for Telford Lucy Allan says the evidence she's complied from victims and their families shows "a failure to understand the nature of grooming" by the local police and the Crown Prosecution Service. Last Monday, it was announced that the National Independent Inquiry into Child Exploitation will speak to victims in Telford as part of its Truth Project.

Country: 
Indonesia
News Date: 
01/04/2018
Summary: 

Police in the conservative province of Aceh have arrested two university students accused of same-sex relations after a raid, LGBT activists confirmed on Friday. Local residents in Banda Aceh, the capital of Aceh, the only province in Indonesia that adheres to the strict code of Islamic Sharia law, broke into the student accommodation on Thursday, confiscated condoms and telephones, and handed them over to the authorities, an activist, who requested anonymity, told EFE. The arrested students are 21 and 24 years old; one is of Christian Batak ethnicity, while the other is Muslim.

Summary: 
  • Tragically, Christians living in lands formerly under the control of the "Caliphate" have been betrayed by many in the West. Governments ignored their tragic fate. Bishops were often too aloof to denounce their persecution. The media acted as if they considered these Christians to be agents of colonialism who deserved to be purged from the Middle East. And the so-called "human rights" organizations abandoned them.

  • The West was not willing to give sanctuary to these Christians when ISIS murdered 1,131 of them and destroyed or damaged 125 of their churches.

  • We must now help Christians rebuild in the lands where their people were martyred.

Country: 
United Kingdom of Great Britain and Northern Ireland (the)
News Date: 
01/04/2018
Summary: 
  • More than £20 million of British aid given to schools in the Palestinian Authority
  • But a shocking report reveals that the new curriculum encourages martyrdom
  • A textbook explained physics showing a boy with a slingshot targeting soldiers
  •  
Country: 
Denmark
News Date: 
01/04/2018
Summary: 

They come as "refugees" and then want to impose Sharia laws of Islam. People in Denmark are starting to wake up, they take to the streets to protest against Sharia laws.  On the other hand, Muslims (immigrants and refugees) take to the streets waving Jihadi flags and calling to impose Sharia laws in Denmark. 

Summary: 

These cases of openings to a justice parallel to that of the State raise several problems. The first is that the acceptance of parallel court decisions is an acceptance of communitarianism. This calls into question the unity of justice in a territory as well as the equality of men before the law, since depending on the religion of the former, the applicable law would not be the same. The applicability of the ECHR in the signatory countries is questioned or at least restricted in certain areas. Areas of “different right” (sometimes called “no rights” zones) where the signatory State would have accepted more or less officially that its right be derogatory.

Finally, this raises the question of the acceptability of certain principles or values. The former PACE Rapporteur explained in her note that “The Court has ruled that Sharia law is in compatible with the European Convention on Human Rights, but obviously this does not mean that there is absolute incompatibility between the Convention and Islam”      

This distinction between Sharia and Islam to consider the former as incompatible with the ECHR contrary to the second is not obvious. At the beginning of her note, she states precisely that “Sharia law is understood as being ‘the path to be followed’, that is, the ‘law’ to be obeyed by every Muslim.” If Islam “ordained a law” (Surah 5, verse 48) to every Muslim and “assigned a path” (id.) is sharia, then sharia becomes something consubstantial to Islam. A Muslim may not be a good Muslim if he does not apply the Sharia. There would thus be an incompatibility between the ECHR and Islam, which is not surprising as the need to create human rights in Islam testifies.

[1] CEDH, Refah Partisi (The Welfare Party) and others v. Turkey [GC], n° 41340/98, 41342/98, 41343/98 and 41344/98, 13 February 2003, § 123.                                                                                                                            

[2] Committee on Legal Affairs and Human Rights, Compatibility of Sharia law with the European Convention on Human Rights: can States Parties to the Convention be signatories of the ‘Cairo Declaration’? Introductory Memorandum, AS/JUR (2016) 28, 7 October 2016, § 6. All following passages are excerpts from this note, which contains all sources, accessible here.

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