Austria Pushes To Ban Sharia Law After Court Shock

If they don't ban it, it's only a matter of time until Sharia becomes the law of Austria in all areas, not just contract and other business matters.

From The European Conservative

By Zolta Győri

A Vienna arbitration case has forced the government to decide whether religious law can ever be enforced by the state.

Austria’s governing party, the Austrian People’s Party (ÖVP), is pushing to ban the use of Sharia law in legal disputes after a controversial court ruling in Vienna reignited fears of “parallel justice.” 

The issue is now set to become a central topic at the governing coalition’s retreat in Lower Austria. There, the ÖVP, SPÖ, and Neos parties will debate whether a clear legal ban is needed to prevent religious legal systems from gaining indirect recognition in Austria’s courts.

Federal Chancellor and ÖVP leader Christian Stocker is now seeking rapid legislative action. Stocker wants a statutory clarification brought before parliament as early as this month, describing the issue as a fundamental test of Austria’s constitutional order. 

“There cannot and will not be a caliphate in Austria,” Stocker said, adding that he is “not prepared to accept that Sharia, a legal system for a theocracy that contradicts our values, is valid in Austria, even if only in individual provisions.”

The catalyst for the renewed push is a decision by the Vienna Regional Court for Civil Matters that confirmed the enforceability of a financial ruling based on Islamic law. The case arose after two Muslim men agreed in advance that any disputes between them would be settled by a private Islamic arbitration panel applying Sharia-based rules. The original arbitration award exceeded €1 million, though the Vienna court ultimately approved enforcement of €320,000 through state seizure.

The losing party refused, arguing that Sharia is open to differing interpretations and contradicts Austria’s core values. The Vienna court rejected the appeal, ruling that Austrian law permits parties to choose private arbitration for financial and property disputes, as long as the outcome does not violate the country’s “fundamental legal values.” By confirming the award as enforceable, the court allowed it to be carried out using the enforcement powers of the Austrian state.

Legal commentators argue that state enforcement transformed a private religious decision into one with real legal force, effectively giving legal weight to Sharia-based adjudication. They warn that even if such rulings are limited to civil and property matters, they risk establishing a precedent for the wider use of religious legal norms through contracts.

The ruling triggered fierce reactions well beyond the courtroom. Representatives of the right-wing Freedom Party (FPÖ) described it as an unacceptable erosion of the rule of law. Manfred Haimbuchner, deputy governor of Upper Austria, warned that Sharia is incompatible with Austria’s basic values, while party colleague Andreas Bors went further, calling the decision “absolute madness.”

The governing ÖVP now says legislative action is necessary to ensure that religious legal systems, even indirectly, have no place within Austria’s courts.

The Ministry of Justice, led by the left-wing SPÖ, responded to critics by saying that Austrian courts “only apply foreign regulations if they are consistent with our values,” a response critics say effectively implies that Sharia-based outcomes can be compatible with Austrian law under current rules.

For the ÖVP, however, the Vienna court decision has shifted the balance. What had long been dismissed as a theoretical risk has, in its view, become a concrete problem. As a result, the upcoming coalition talks in Lower Austria are expected to focus less on abstract principles and more on where the state should draw a firm legal boundary.

Pictured: Christian Stocker, Chancellor of Austria