Norwegian judges should learn Islamic Sharia law, not least as it relates to family, considers Norwegian law researcher. Katja Jansen Fredriksen at the University of Bergen researched into what happens when Sharia standards collide with the Norwegian family.
She has, inter alia, examined 120 decisions in which at least one of the parties are Muslim. This can include the marriage contract entered into in a Muslim country or a battle of who under Islamic law have the right to seek divorce.
She has not found it as the xenophobic Progress Party leader Siv Jensen called stealth Islamization of Norwegian courts. It becomes a problem, not that judges should be guided by the Sharia, but because they do not understand the gate in the conflicts of the judging it. Knowledge of the Sharia laws should therefore be included in legal education, considers Jansen Fredriksen.
Norges judgments league think it is interesting.
Katja Jansen Fredriksen: Norwegian Private International Law allows judges to apply foreign law when a case has a stronger connection to another country, thus opening up possibilities for legal pluralism. Still, Norwegian judges continue to strictly arbitrate according to Norwegian rules of law, without paying heed to the underlying ideas, norms, and values that exist in certain groups from different cultures. This may be due to lack of awareness about the existence of different perceptions of justice. It may also be caused by the lack of knowledge about different law cultures or simply a way to protect their national culture of law.