Islam, Religious Liberty and Constitutionalism in Europe

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 19 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 academics and law students in the UK and the EU, 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.

Préface
Taking a close and critical look at Muslim practice and Islamic belief within the prevailing legal and political frameworks in Europe, this book focuses on constitutional challenges, religious freedom and other human rights, and securitisation and Islamophobia.

Résumé

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 19 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 academics and law students in the UK and the EU, 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.

Contenu

1. Islam, Religious Liberty and Constitutionalism in Europe: An Introduction, Mark Hill KC (University of Notre Dame, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece)

Part I: Constitutional Challenges

2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism, Evangelos Venizelos (Aristotle University of Thessaloniki, Greece)
3. When History Cripples the Future for Muslims in Europe: The Struggle between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (United Arab Emirates Federal National Council)
4. European Values and Islam, Maurits S Berger (Leiden University, the Netherlands)
5. Old and New Islam in Europe: A Methodological Approach, Konstantinos Tsitselikis (University of Macedonia, Greece)
6. Constitutionalism, Populism and Islam in Europe, Andrea Pin (University of Padua, Italy)

Part II: Religious Freedom and Other Human Rights

7. Respecting Human Rights by Reconciling the Rights of Muslim Communities and State Policies, Francis Messner (University of Strasbourg, France)
8. Equality and Difference: Muslim Religious Practice, Religious Tribunals and Muslim Women, Samia Bano (University of London, UK)
9. From Foreigners to Citizens: Freedom of Religion, Education and Policies for Social Integration of Muslim Minors, Enrica Martinelli (University of Ferrara, Italy)
10. Regulating Islam: Limitations on Freedom of Religion in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark)

Part III: Supranational and Comparative Approaches

11. Islamic Headgear: The Case Law of the European Court of Human Rights, Vincent A De Gaetano (European Court of Human Rights, France)
12. Hunting Grounds for 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. Divine Command and Religious Liberty: A Theological Reflection on Islamic Constitutionalism, Mahan Mirza (University of Notre Dame, USA)

Part IV: Securitisation and Islamophobia

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