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Edited by: Mark Arnold KC, Simon Mortimore KC
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Islam, Religious Liberty, and Constitutionalism in Europe

Edited by: Mark Hill KC, Lina Papadopoulou

ISBN13: 9781509966950
Published: March 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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For centuries, since the Roman Empire's adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe's religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe.

The volume's contributors range from academics at leading universities to former judges and politicians. Its twenty chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches.

This book will appeal not merely to law students in the United Kingdom and the European Union, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists, and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.

Subjects:
Law and Society, Islamic Law
Contents:
1. Introduction, Mark Hill KC (Cardiff University, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece)

Part One: Constitutional Challenges
2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of the European Constitutionalism, Evangelos Venizelos (Former Deputy President and Minister of Foreign Affairs of the Hellenic Republic, Greece)
3. When History Cripples the Future for Muslims in Europe: The Struggle Between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (International Steering Board of Hedayah, United Arab Emirates)
4. European Values and Islam, Maurits S. Berger (Leiden University, the Netherlands)
5. Old and New Islam in Europe: A General Framework, Konstantinos Tsitselikis (University of Macedonia, Greece)
6. Constitutionalism, Populism, and Islam in Europe, Andrea Pin (University of Padua, Italy)

Part Two: Religious Freedom And Other Human Rights
7. Reconciling Rights of Muslim Communities, Religious Policies of the State, and Respect for Human Rights, Francis Messner (University of Strasbourg, France)
8. Muslims in Europe: Gender, Sexuality and the Law, Samia Bano (SOAS, UK)
9. Muslim Minors: Freedom of Religion and Policies for Social Integration, Enrica Martinelli (University of Ferrara, Italy)
10. 'To the Very Limit of the Constitution': Tightening Interpretations of the Exercise of Religious Freedom for Muslims in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark)

Part Three: Supranational And Comparative Approaches
11. Islamic Headgear: The Case
aw of the European Court of Human Rights, Vincent A. de Gaetano (Chief Justice Emeritus, Malta
former Judge and Section President, European Court of Human Rights)
12. Religious Slaughter: A Case Study from the Court of Justice of the European Union, Wolfgang Wieshaider (University of Vienna, Austria)
13. Reasonable Accommodation of Islamic Practices: Europe and America Compared, Ioannis Papadopoulos (University of Macedonia, Greece)
14. Religious Liberty and Human Rights in Sharia, Mahan Mirza (University of Notre Dame, USA)

Part Four: Securitization And Islamophobia
15. Muslims in Europe: Religious Freedom and Security, Agustin Motilla, (Universidad Carlos III, Spain)
16. The Legal Treatment of Islamophobic Speech in Europe, Lina Papadopoulou (Aristotle University of Thessaloniki, Greece)
17. Security and Liberty in the Light of Islam and Islamophobia, Merilin Kiviorg (University of Tartu, Estonia)
18. The European Debate on Restrictions on Foreign Funding of Islam, Zoila Combalia (University of Zaragosa, Spain)
19. Islamophobia, Xenophobia and Religion in the European Union: A Quantitative Analysis, Konstantinos Papastathis (University of Macedonia, Greece) and Anastasia Litina (University of Macedonia, Greece)