Islam’s Sharia law can be legally binding for civil disputes in Austria when both parties consent, a Vienna court has ruled in a landmark decision that has triggered fierce political opposition and warnings about “parallel legal systems.”
The Vienna Regional Court for Civil Law Matters upheld an Islamic arbitration tribunal’s ruling ordering one Muslim man to pay another €320,000 (£277,000) in a contractual dispute. The losing party had challenged the decision, arguing that rulings made under Sharia had no legal standing in Austria.
However, judges found it was permissible for private individuals to settle civil disputes through any method they chose, including Islamic tribunals, provided the outcome did not violate Austria’s fundamental public policy principles.
Contract Specified Islamic Arbitration
The case involved two men who had signed a contract mandating that any disputes would be decided by an arbitration tribunal “based on Islamic law (Ahlus-Sunnah wal-Jamaah) in accordance with equity.” The term refers to Sunni Islamic tradition.
When conflict arose between the parties, the Islamic tribunal ruled against one man, ordering the substantial financial penalty. He subsequently appealed to the secular court system, claiming Sharia law was ambiguous, open to arbitrary interpretation, and incompatible with Austrian legal values.
The Vienna court rejected these arguments, stating it was not its task to examine which specific Islamic legal rules had been applied. “The result of the arbitration tribunal’s judgment is not contrary to Austria’s fundamental values,” the court ruled.
Political Fury Over ‘Islamisation’ Fears
The ruling has sparked outrage among Austrian conservatives, with warnings it could enable the creation of parallel legal systems and accelerate what critics call the “Islamisation” of Austria.
Deputy Governor of Upper Austria Manfred Haimbuchner declared that “Sharia is incompatible with our core values.” He warned the case was “another example of how our legal system and our constitutional state have nothing to counter the gradual appropriation of Islam.”
Michael Schilchegger, constitutional spokesman for the right-wing Freedom Party (FPÖ), accused the courts of “submitting to the will of fanatical Islamists.” He warned: “The ruling elevates Islamic parallel societies in Austria and weakens those forces that do not want to submit to Islam.
Government Vows Legislative Response
Austria’s Integration Minister Claudia Plakolm has pledged swift action to prevent future application of Sharia law in Austrian legal proceedings. Plakolm had already been tasked in May with reviewing existing laws and developing proposals by year’s end.
“Sharia has nothing to do with Austria and the principles of our constitution, and it should remain that way,” Plakolm stated. “Sharia rules do not belong in Austria, and therefore I assume that we will soon receive the relevant proposals.”
The minister specifically mentioned ensuring Sharia law “cannot be applied in the future, for example, in the area of registry offices” or civil marriages. The Ministry of Justice is expected to draft legislative proposals to make it impossible for Austrian courts to recognise Sharia-based rulings.
Court Limits Ruling to Civil Matters
The Vienna court emphasised that its decision applied solely to civil property disputes between consenting parties and would have no bearing on criminal law. The judges stressed they were merely upholding existing arbitration law, which permits parties to agree on foreign legal provisions.
“Islamic legal provisions can be effectively agreed upon in an arbitration agreement for property claims,” the court stated, whilst maintaining that any such agreements must not contradict Austrian fundamental values.
Turkish Community Also Objects
Surprisingly, the ruling also drew criticism from the Turkish Cultural Community in Austria, which warned against creating dual legal systems. The organisation cited a 2003 European Court of Human Rights ruling confirming that “Sharia law and the discrimination arising from it, as well as the introduction of two different legal systems in Europe, are prohibited.
As Muslims in the EU, or rather in our new homeland of Austria, we must not only respect the constitution and laws, but also consult a lawyer and notary for such an agreement amounting to €320,000,” the community stated.
Wider European Context
The Austrian case reflects broader tensions across Europe regarding the accommodation of Islamic legal traditions within secular legal frameworks. Britain has emerged as what some call the “western capital” of Sharia courts, with 85 Islamic councils operating since 1982.
These bodies, whilst having no legal binding power in UK law, serve Muslim communities seeking religious rulings on marriage and family matters. Similar provisions exist in other European countries where private arbitration tribunals can operate outside state courts.
The Austrian ruling has intensified debates about the limits of religious arbitration in multicultural societies and whether permitting Sharia-based civil dispute resolution undermines the principle of one law for all citizens.
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