ÖVP Plans to Ban Sharia Law in Austria
Austrian Court ruling Raises Concerns Over Sharia law‘s place in Civil Disputes
Table of Contents
The case and the Ruling
A recent decision by the Vienna Regional Court for Civil Law Matters has ignited a debate in Austria regarding the application of Islamic law, or sharia, within the country’s legal system. The case centers around a private contract between two men that stipulated arbitration under Sharia law in the event of future disputes. When one man was ordered by an arbitration tribunal to pay €320,000, he challenged the ruling, arguing that Sharia’s inherent ambiguities and varying interpretations clash with Austria’s fundamental legal values. However, the court upheld the arbitration decision, finding that Islamic legal provisions relating to property claims can be validly agreed upon within an arbitration agreement.
This ruling doesn’t necessarily endorse Sharia law wholesale, but rather acknowledges the legal validity of parties voluntarily submitting to it for dispute resolution, specifically in the context of property claims.
Political Backlash and Calls for Action
The decision has prompted a swift and strong reaction from the Austrian People’s Party (ÖVP). Nico Marchetti, the party’s General Secretary, announced the government intends to “permanently put a stop to the application of Sharia rules in Austria.” The ÖVP’s concerns center on the potential for Sharia law to undermine Austrian values, particularly regarding gender equality, citing concerns that certain interpretations could lead to the subjugation of women. Marchetti emphasized that equality between men and women is “immovable” in Austria and must be upheld by all within its borders.
The ÖVP plans to address this through amendments to the staff statute and other legislative measures, aiming to prevent the application of what they deem “medieval legal provisions.” They fear a “dam break” where entire groups could be subjected to Sharia law instead of Austrian civil law.
Concerns from the Turkish Cultural Community
Opposition to the court’s decision isn’t limited to the ÖVP. The Turkish Cultural Community (TGK) also voiced its disapproval, arguing that the ruling effectively “recognizes Sharia as law.” the TGK points to a 2003 decision by the European Court of Human Rights, which highlighted the dangers of introducing multiple legal systems within Europe. They advocate for a strict separation of church and state, demanding that religious considerations be excluded from all legal standards, both nationally and internationally.