Muslim Religious Jurisdiction: Neo Millet System in Israel and Greece

Abstract

n contemporary secular systems, characterised by a strong cultural and religious pluralism, it is difficult
to deny that the religious factor plays a fundamental role in shaping the identity of the different communities
that participatein the societies they govern. After all, one of the most complex and articulated expressions
of cultural pluralism relates to the religious dimension and the widespread presence of a plurality of religious
communities with traditions and norms that demanda place in the public space. In these circumstances,
it is necessary to determine whether the primary legal order, which governs the conduct of all persons present
within the territory of the State, recognises, admits or tolerates that some of those persons, individually or
collectively, observe rules of non-State origin. In this case, in fact, the presence of normative systems, parallel
to the state system, means that the legal phenomenon is not limited to the official sources of law that are
under State control, but also includes all those legal and non-legal norms that actually govern the behaviour
of individuals, or of some of them. In this context the neo millet system, as designed in the Greek and in
the Israeli legal system, and characterized by the presence of an islami jurisdiction which is part of the
State judicial system, represent an interesting example of legal pluralism and reasonable accommodation
between the reasons of minorities legal order and those of the State legal system.