An Austrian court has ruled that Sharia law is now legally binding in civil disputes, sparking concern for the "moral standards" of the country. Islamic law is allowed for arbitrations if both parties agree to it. In a recent case, two men had signed a contract stating that, in the case of conflicts, an arbitration tribunal would decide "based on Islamic law...in accordance with equity in the matter to the best knowledge and belief".
The arbitration tribunal concluded that the plaintiff must pay €320,000 (£277,000), so he brought his suit before the Vienna Regional Court for Civil Matters. He questioned the application of Islamic law given that it can be interpreted differently by different people, and argued that it went against Austrian law.
However, the secular court upheld the arbitration tribunal's decision, ruling that the original outcome did not go against Austrian fundamental values.
Islamic legal provisions could be "effectively agreed upon in an arbitration agreement" for property claims, the Regional Court added.
Michael Schilchegger, an MP and speaker on constitutional law for the right-wing Austrian Freedom Party, called it a "sad day for the secular constitutional state".
He said: "This opens the door even wider for political Islam. The ruling elevates Islamic parallel societies in Austria and weakens those forces that do not want to submit to Islam. A sad day for the secular constitutional state."
Fellow party member Manfred Haimbuchner said Sharia law "violates all moral standards" of Austria.
He added: "Sharia law is incompatible with the Austrian understanding of law and violates all moral standards that I am familiar with. Unfortunately, our constitutional state is currently powerless against this form of Islam."
The Turkish Cultural Community (TKG), an association of secular Turkish people in Austria, also protested the decision.
It pointed out that the European Court of Human Rights (ECHR) ruled in 2003 that Sharia law and the introduction of a parallel legal system were forbidden in Europe.
General secretary Melissa Gunes wrote: "The Vienna court's decision is a major intervention, today in the secular economy, tomorrow perhaps in production, service, and sales regulations."
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