According to Brussels Signal, Austria’s judiciary, specifically the Vienna Regional Court for Civil Matters, confirmed that Islamic law can, under certain conditions, serve as the framework for arbitration in civil disputes.
The case involved two Muslim men who had agreed in advance to resolve disagreements under Sharia. When their quarrel ended with a 320,000-euro penalty imposed on one party, he sought to challenge the outcome, arguing that the arbitrary decision undermined Austria’s legal principles.
The court disagreed. For the judges, the decisive factor was contractual freedom: individuals in Austria may choose arbitration mechanisms, provided these do not violate public order.
The court concluded that applying Sharia in this instance neither contradicted Austria’s constitutional values nor introduced arbitrary rulings.
Islamic law was recognized in this case.
Austria joins Canada and opens the door to Sharia (Islamic law) in the country.
Ontario, Canada, has previously allowed Islamic arbitration in civil disputes. They think multicultural societies accommodating such pluralism without fragmenting the rule of law is up for debate.
They really can’t coexist. It’s a mistake to even continue the debate and try to make it work.
The Vienna court’s ruling will not immediately transform Austria’s legal order. It applies narrowly to private arbitration between consenting adults, excluding criminal law or broader social policy, Brussels Signal reported.
It’s the camel’s nose under the tent.
