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Translocalism, Migration and Sharia

Lagervall, Rickard LU (2010) Nordic Migration Research Conference Global Challenges, Local Responses
Abstract
One consequence of migration of large populations from Middle East and North Africa to Europe is that European legal systems meet various forms of Islamic law. In some cases, for example the dissolution of a marriage entered in a foreign state, European courts in some circumstances have to take foreign laws based on the Islamic tradition into consideration within the framework of international private law. In other instances marriage and divorce are decided in European mosques without being recognized by the state. As a result there is a phenomenon of halting marriages, for example when a civil divorce is recognized by the state but not by the Muslim environment and the country of origin. In order to come to terms with this some European... (More)
One consequence of migration of large populations from Middle East and North Africa to Europe is that European legal systems meet various forms of Islamic law. In some cases, for example the dissolution of a marriage entered in a foreign state, European courts in some circumstances have to take foreign laws based on the Islamic tradition into consideration within the framework of international private law. In other instances marriage and divorce are decided in European mosques without being recognized by the state. As a result there is a phenomenon of halting marriages, for example when a civil divorce is recognized by the state but not by the Muslim environment and the country of origin. In order to come to terms with this some European states have entered agreements with the states from which important numbers of immigrants originate (Netherlands with Morocco, Norway with Pakistan). This might serve to avoid serious problems for individuals with double citizenship but it also may endow foreign states with the role of supervising immigrant populations. This situation makes it necessary to reconsider the meaning of concepts such as secularity, state sovereignty and law. (Less)
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author
organization
publishing date
type
Contribution to conference
publication status
unpublished
subject
keywords
Islam, migration, Muslims in Sweden, law
conference name
Nordic Migration Research Conference Global Challenges, Local Responses
language
English
LU publication?
yes
id
de023805-2c57-46d2-8c33-e4537ba830ea (old id 4146394)
date added to LUP
2013-11-12 19:01:36
date last changed
2016-04-16 10:46:20
@misc{de023805-2c57-46d2-8c33-e4537ba830ea,
  abstract     = {One consequence of migration of large populations from Middle East and North Africa to Europe is that European legal systems meet various forms of Islamic law. In some cases, for example the dissolution of a marriage entered in a foreign state, European courts in some circumstances have to take foreign laws based on the Islamic tradition into consideration within the framework of international private law. In other instances marriage and divorce are decided in European mosques without being recognized by the state. As a result there is a phenomenon of halting marriages, for example when a civil divorce is recognized by the state but not by the Muslim environment and the country of origin. In order to come to terms with this some European states have entered agreements with the states from which important numbers of immigrants originate (Netherlands with Morocco, Norway with Pakistan). This might serve to avoid serious problems for individuals with double citizenship but it also may endow foreign states with the role of supervising immigrant populations. This situation makes it necessary to reconsider the meaning of concepts such as secularity, state sovereignty and law.},
  author       = {Lagervall, Rickard},
  keyword      = {Islam,migration,Muslims in Sweden,law},
  language     = {eng},
  title        = {Translocalism, Migration and Sharia},
  year         = {2010},
}