Cultural diversity as a test bench for the future of private international law: What legal treatment for Islamic institutions in Europe?

Resumen

The possible reception of certain Islamic legal institutions in European legal systems – for instance polygamy and repudiation – may clash with the fundamental rights and values enshrined in the European Convention on Human Rights. Two opposite interests are at
stake here: on the one hand, protecting the legal and cultural identity of the forum State and, on the other, respecting the diversity of other legal systems. Neither of these needs can be taken to the extreme. To consider diversity as such a ground for incompatibility would lead to clashes between civilisations and would ultimately be detrimental to the continuity of the legal status of persons. Unconditional adherence to openness and respect for foreign legal systems might lead to legitimising more or less disguised forms of oppression of vulnerable subjects in the name of respect for cultural diversity. This contribution clarifies whether and how it is possible to strike a balance between these opposite interests by means of private international law methods and techniques.