Global North, Legal Pluralism and Religion Adjudication: The Relationship between Muslim communities and the State in United Kingdom, Finland and the Netherlands
Abstract
Within the borders of the countries that form the Global North, the links between informal justice and ‘official’
jurisdictional channels have become more intense. Such a situation leads to grappling with the notion of legal pluralism:
in particular, a paramount role is occupied by Sharaitic justice, which is of great relevance to the Islamic communities
spread all over Europe. This patchwork of unofficial courts, guardians of values and customs related to personal status
comes to work far too often in the shadow and parallel with official courts. More precisely, by scrutinising the dynamics
and relationships between religious marriages and civil ones, it is likely to notice the rise, in each country, of various
models of legal pluralism, which switch based on the State’s reply. A first example of this can be found in the British
context, where the debate on the phenomenon of Sharia Councils has been going on for more than a decade. Similarly,
Finland and the Netherlands also faced the emergence of almost identical demands.
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Department of Law - University of Perugia
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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
Editors - Prof. Giovanni Marini, Prof. Pier Giuseppe Monateri, Prof. Tommaso Edoardo Frosini, Prof. Salvatore Sica, Prof. Alessandro Somma, Prof. Giuseppe Franco Ferrari, Prof. Massimiliano Granieri.
Direttore responsabile:Alessandro Somma