Monday, August 30, 2021

Article: The Last Sharīʿa Court in Europe: On Molla Sali v. Greece (ECHR 2018)

Maurits S. Berger recently published an article entitled, The Last Sharīʿa Court in Europe: On Molla Sali v. Greece (ECHR 2018), Wills, Trusts, & Estates Law ejournal (2021). Provided below is the abstract to the Article: Estate planning

On its face, the ruling in Molla Sali v. Greece (European Court of Human Rights 2018) was about choice of forum: in an inheritance dispute, could heirs choose to apply Islamic inheritance law or did a will drawn up in accordance with Greek inheritance law govern a Muslim decedent’s estate? The case is significant not so much for its outcome, but because it involved features of two legal systems that are relatively unknown among European and American jurists: interpersonal law and Islamic law in the autonomous region of Greece. The Court’s reasoning provides detailed insight into how features of these systems may clash with systems of European civil and common law, particularly in the framework of human rights.

https://lawprofessors.typepad.com/trusts_estates_prof/2021/08/article-the-last-shar%C4%AB%CA%BFa-court-in-europe-on-molla-sali-v-greece-echr-2018.html

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