ABSTRACT

This chapter focuses on the consequences of the immigration of Muslims to the Member States of the EU. A further model which is conceivable within a legal/political context is the ‘segregation’ model, which has, in fact, been applied with regard to Private International Law. In the field of law, the principle of legal territoriality is dominant all over the world. Therefore, the application of foreign legal provisions — including Islamic ones — is an exceptional case for non-Islamic countries. Legal provisions can be applied on three different legal levels. Private International Law is one possible level of application. Another possible level of application emerges if the legislator makes specific legal provisions for defined groups. A further area of application opens up within the framework of the so-called ‘optional’ civil law. European legal orders are facing the challenges of present immigration with a mix of elements between the two poles of assimilation and segregation.