El Islam en la Sociedad Democrática Europea: ocho conflictos surgidos en Europa, desde una perspectiva jurídica y con especial referencia al caso español

Abstract

Since the mid-20th century, the presence of the Muslim community was becoming increasingly visible in Europe and, paradoxically, that notoriety that was a sure sign of integration, became the source of numerous conflicts. This research analyzes eight of these [four on the value of dignity (honor killings, female genital mutilation, torture and sexual orientation) and four about freedoms (veiling, effects of polygamy, observance of the funeral rites and construction of mosques)] from the perspective of law, analyzing legislation, jurisprudence, doctrine and other relevant legal sources in the context of a democratic society which recognizes a wide margin of appreciation to the Member States, which is generating a discretion incompatible with the requirements of the principle of legal certainty and the full exercise of a fundamental right of European Muslims: their Freedom of Religion.