Analysis of (non)application of Sharia laws of divorce under Article 10 of the Rome III Regulation

Abstract

In the result of increased migration and the gradual formation of multicultural societies, the growth of the Muslim population in Europe, alongside Islam and other cultural peculiarities, is gaining momentum. This phenomenon raises numerous complicated legal issues. One of them is the application of Sharia laws of divorces in Europe under the Rome III Regulation. This study indicates that among the European countries, there is an evolving tendency to refuse the application of Sharia laws of divorce on the grounds of a public policy rule without evaluating the outcomes of each case. As this innovative approach, which can be found under Article 10 of Rome III, contradicts to the spirit of the traditional public policy doctrine, scholars and legal practitioners are in a disagreement over the accurate interpretation of the said provision. In this respect, the study suggests that the evolving tendency to assess Sharia laws of divorce in an abstract manner and thus refuse the application of Sharia laws of divorce in Europe is a natural consequence of the complexity of the subject matter. Based on critical analysis of numerous primary and secondary sources, this comparative law paper serves as a valuable resource for a comprehensive introduction to the discourse on the application of Sharia laws of divorce under the Rome III regime for those interested in evolving contemporary legal issues that are both legally and socially significant