stereotypical manner, often as passive victims in
cases such as forced marriage. State systems often
require litigants to possess substantial financial and
other resources, to which poorer Muslim women
often do not have ready access. Migrant Muslim
women may also encounter substantial language
problems in instigating legal claims in state courts.
The reliance on alternative dispute resolution in the
form of local community courts may result in tra-
ditional interpretations of Sharì≠a and discriminate
against women in the key areas outlined above. A
continued problem is that many interpreters and
enforcers of Sharì≠a are male community “experts”
who interpret women’s legal rights in a conserva-
tive manner, often reinforcing entrenched patriar-
chal interpretations of scripture. State legal systems
also often rely on such “experts” to give defini-
tive interpretations of Islamic law. Consequently,
women’s access to European state and community
legal systems has been limited.Bibilography
M. D. Evans, Religious liberty and international law in
Europe, Cambridge 1997.386 law: access to the legal system
S. Ferrari and A. Bradney (eds.), Islam in European legal
systems, Aldershot, U.K. 2000.
S. Hunter (ed.), Islam, Europe’s second religion. The new
social, cultural and political landscape, Westport,
Conn., 2002.
Q. Mirza, Islam, hybridity and the laws of marriage, in
Australian Feminist Law Journal 14 (2000), 1–22.
J. Nielsen, Muslims in Western Europe, Edinburgh 1995.
——,Towards a European Islam, Basingstoke, Hamp-
shire 1999.
D. Pearl and W. Menski, Muslim family law, London
1998.
S. Roald, Women in Islam. The Western experience, Lon-
don 2001.
W. A. R. Shadid and P. S. Koningsveld, Religious freedom
and the position of Islam in Western Europe, Kampen,
The Netherlands 1995.
—— (eds.), Political participation and identities of Mus-
lims in non-Muslim states, Kampen, The Netherlands
1996.
——,Religious freedom and the neutrality of the state.
The position of Islam in the European Union, Leuven
2002.
S. Vertoc (ed.), Islam in Europe. The politics of religion
and community, Houndmills, Basingstoke, Hampshire
1997.Qudsia Mirza