European Court of Human Rights Rules Against Use of Sharia Law in Inheritance Dispute (December 19, 2018) [1]
On December 19, 2018, the European Court of Human Rights ruled [3] in Molla Sali v. Greece that applying Sharia law to an inheritance dispute against the wishes of the testator violated the European Convention on Human Rights. The case concerned the will of a Muslim Greek national, who had bequeathed his entire estate to his wife in a will drawn in accordance with Greek civil law, but the courts found the will void because Sharia law applies to those of Muslim faith in Greece. This caused the wife to be deprived of three-quarters of her inheritance and she argued that she had suffered from a difference of treatment due to religion. As noted in the press release [4], the Court found that the difference in treatment between Muslims and non-Muslims in this instance was not objectively or reasonably justified and that if a state creates special circumstances for those of a particular religion, the state must “ensure that the criteria established for a group’s entitlement to it [are] applied in a non-discriminatory manner.” The Court also held that refusing to allow religious minorities to utilize ordinary Greek law “amounted not only to discriminatory treatment but also to a breach of a right of cardinal importance in the field of protection of minorities, that is to say the right to free selfidentification.” Furthermore, the Court noted that Greece is the only EU state that had applied Sharia law citizens against their wishes, which was particularly problematic considering that it led to a detrimental situation for the individuals that they had not intended.