The Law of (Religious) Diversity and the Case of the Islamic Communities in Europe: Fragmented Theoretical Approaches and the Need for a Comprehensive Standpoint

This article aims to propose an analysis of the European legal approaches to the management of religious diversity to illustrate the theoretical and practical conundrums that feature this area. This field is indeed marked by the existence of a theoretical and practical dichotomy between a "minority rights" approach and what is referred to as "religious diversity" perspective. This entails difficulties in finding an appropriate applicable theoretical framework as well as shortcomings as to the solutions that may be envisioned in this area to protect and promote diversity in line with the pluralist content of European contemporary constitutionalism. Using the European Muslim minority as a case study, with particular focus on its demands for the recognition of certain elements of religious law-primarily in the sphere of familyrelations-and in the absence of specific guarantees for religious minorities, this study analyses three distinct levels at which these accommodation demands are addressed: 1) the normative recognition of difference through differential treatment; 2) the recognition of spaces for normative and institutional autonomy; 3) the use of the technique of reasonable accommodation by the judiciary. Based on this analysis, this article aims to test the hypothesis that the Law of Diversity may be a more appropriate theoretical framework to frame religious diversity management and fruitfully connect it with the various other forms of diversity accommodation.