10. Muslim minorities in Western Europe

Introduction
The number of "potential" Muslims in the European Union is estimated at 16 million, including more than 5 million in France, and nearly 4 million in Germany. The first settlements and family reunification redefined post-colonial immigration in very different national contexts depending on the status of religion, the conditions for acquiring citizenship or nationality, and the perspective of each state on "multiculturalism". Having arrived from dar al-islam, countries under Islamic domination, these migrants have usually lived under authoritarian rule. However, the frame of reference of migrant, naturalized and converted Muslims of Europe is the one of the host countries, which are highly secularized western democracies. This situation can give rise to tensions between two cultures and between two legal systems, private Muslim law, particularly personal status [?] and family law, and the legislation of the states. Should we anticipate the emergence of conflicts with a religious or identity dimension?
Source 1

We distinguish between two groups: one in Western Europe and one in the Balkans. The Balkans include the territories of south-eastern Europe, up to the river Danube, where Islam is in the minority. The Islam of the Balkans is a legacy of the Ottoman conquest in the fourteenth century and the five centuries of domination accompanied by a progressive Islamization of the populations. The Muslims of the Western Balkans speak Slavic languages or Albanian, while those in the Eastern part are Turkish-speaking.

Source 2

Private law of the hosting country and Islamic law

Of course, is it logical that foreigners living in a country should be governed by its laws and struggle to adapt to its mores. This is the condition on which they can blend into the local population. However the process is more complicated with Muslim immigrants. Their family institutions are very specific and closely linked to religion: they are a very strong element of social and cultural identity, and impose a certain way of life that is hard to change quickly. Thus is it not certain that the application of secular laws to their family relationships is always conducive to their development.

Sélim Jahel,« La lente acculturation du droit maghrébin de la famille dans l'espace juridique français », Revue internationale de droit comparé, 1994, éd. SLC, p. 33-57. Trans. Renaud Rochette

The law of European states and Islamic law are sometimes in a situation of conflict on the very sensitive issue of the personal status of foreign Muslims and their children, most of whom are born in the host country. Some legal practitioners/lawyers, such as Selim Jahel, a university scholar of Lebanese origin and an expert in law in Arab countries, are investigating the possibility of easing private law in the host countries in order to take into account Islamic law on family relations in order to promote the integration of Muslims who have settled in Europe. Halal means lawful, permitted and in accordance to Islamic norms. The semantic field of this term has been considerably expanded after the claim of "halal identity" by younger generations of Muslims who embrace "halal" through their choices in food, clothing and love, based on the principle of a binary opposition between what is permitted and what is prohibited.

Source 3

“Halal” marriage

Civil marriage, which is held in the town hall, is the opportunity to multiply the references to the majority culture. The rites are practiced secularized and shared by young couples and their families, regardless of religion: bride in a white dress, exchange of rings, rally on the steps, throwing of rice or flower petals, motorcade, parade downtown noise of horns and you-you, gathering in a nice setting for a photo shoot […].
The wedding party illustrates the hybridization of practices. The bride’s dress is the most typical example: the white dress is replaced by more traditional dresses showing the region of origin of the woman or that of her husband. The "henna ceremony" can be celebrated on this occasion: it shows the desire to perpetuate a practice inherited from the country of origin; bride and groom put on the traditional garb. The party room may be mixed or not. Some families still practice the separation of male and female sphere, at least for part of the party.
The halal marriage is the conjugal form involving the descendants of North African immigrants born and raised in France. As a marker of identity, it highlights some principles, namely endogamy and virginity until marriage for women, while innovative compared to traditional marriage, under the effects of socialization in French society. In particular, the role assigned to the feeling of love and marital bliss as a prerequisite to marriage, clear that these young couples are fully appropriate to the central dominant standard marriage practices of contemporary French society.

Beate Coolet, Emmanuelle Santelli, « Le mariage "halâl". Réinterprétation des rites du mariage musulman dans le contexte post-migratoire français », Recherches familiales, 2012/1,2 n° 9, Union Nationale des Associations familiales, Paris, p. 83-92. Trans. Renaud Rochette

A Muslim marriage is not a religious ritual comparable to the sacrament of marriage in the Catholic church. A "halal’ marriage" is a neologism. The expression is commonly used by young people from a Muslim culture. It refers to a "mix" of eastern and western rituals. The new concept of a "halal’ marriage” is very popular among post-migrant generations and has created a real market, including "eastern marriage trade fairs", and specialty shops and services.