REFLECTIONS ON SHARIA'S CIVIL RECOGNITION IN SPAIN. SPECIAL REFERENCE TO ISLAMIC MARRIAGE

Some religious groups have their own law and the doctrine speaks of a possible legal pluralism, to refer to the coexistence of different jurisdictions, religious and state. The possible relevance of religious law will depend of the relations between the State and these religious groups. In States with a Catholic tradition, such as Spain, formal referral to Canon Law is fully accepted, for example for marriage. However, the formal referral to other religious rights of minorities is almost unthinkable. The cooperation agreements with religious communities of 1992 do not contain a formal referral to religious law and there is no recognition of marriage resolutions issued by Islamic religious courts. Is possible Sharia's civil recognition in Spain possible with respect to islamic marriage? To respond, we must attend to the concept of public order and fundamental rights, and especially gender equality.