Sharia Law Made Legally Binding in Austria Despite Warnings Over 'Incompatible' Values
Vienna court confirms that Sharia-based arbitration is permissible in private civil disputes when both parties consent, prompting political backlash and calls for legislative action.
Islam’s Sharia law is legally binding for civil disputes in Austria, a court in the country’s capital has confirmed.
Two Muslim men used a Sharia arbitration tribunal to settle a case in which one owed the other €320,000 (£277,000).
The losing party appealed to the Vienna court, arguing that the ruling under Sharia was incompatible with Austrian constitutional values and overly arbitrary due to varied interpretations.
The Vienna Regional Court for Civil Matters rejected the challenge, stating that private individuals may resolve civil disputes by any mutually agreed means— including Islamic law arbitration—as long as the outcome does not violate public policy.
The court specified that Sharia-based arbitration applies only to civil matters and remains inapplicable in criminal cases.
The ruling drew immediate criticism.
The Integration Minister stated: “Sharia has nothing to do with Austria and the principles of our constitution, and it should remain that way.
Sharia rules do not belong in Austria.”
The Freedom Party’s constitutional spokesman asserted: “If Austrian courts now also recognize arbitration awards based on Sharia law, they will be submitting to the will of fanatical Islamists.”
The Turkish Cultural Community in Austria warned: As EU Muslims, “we must not only respect the constitution and laws, but also consult a lawyer and notary” for such a substantial agreement.
In response to the ruling, the government-appointed minister tasked with reviewing existing laws is expected to develop proposals by year end to ensure that Sharia may not be applied in future, for instance, in registry offices.
Two Muslim men used a Sharia arbitration tribunal to settle a case in which one owed the other €320,000 (£277,000).
The losing party appealed to the Vienna court, arguing that the ruling under Sharia was incompatible with Austrian constitutional values and overly arbitrary due to varied interpretations.
The Vienna Regional Court for Civil Matters rejected the challenge, stating that private individuals may resolve civil disputes by any mutually agreed means— including Islamic law arbitration—as long as the outcome does not violate public policy.
The court specified that Sharia-based arbitration applies only to civil matters and remains inapplicable in criminal cases.
The ruling drew immediate criticism.
The Integration Minister stated: “Sharia has nothing to do with Austria and the principles of our constitution, and it should remain that way.
Sharia rules do not belong in Austria.”
The Freedom Party’s constitutional spokesman asserted: “If Austrian courts now also recognize arbitration awards based on Sharia law, they will be submitting to the will of fanatical Islamists.”
The Turkish Cultural Community in Austria warned: As EU Muslims, “we must not only respect the constitution and laws, but also consult a lawyer and notary” for such a substantial agreement.
In response to the ruling, the government-appointed minister tasked with reviewing existing laws is expected to develop proposals by year end to ensure that Sharia may not be applied in future, for instance, in registry offices.
