ISLAMIC COUNTRIES LAW

The presence of new citizens of Islamic culture in Italy and in Europe has involved the judicial offices and the legislators with new juridical problems, linked to religious belief and cultural heritage of Islamic countries.

The teaching is in line with the course of study, and analyzes some legal institutions, which are pillars of Islamic religion and which are incisive even in non-Islamic countries with a secular spirit. The study does not neglect the ongoing confrontation between the classical legal tradition and the modernist impulses of some Islamic countries.

The course will have an interdisciplinary approach, through comparative law, providing the student with knowledge and comprehension skills through the reading and analysis of legal sentences.

Students will acquire the methodological tools to deal with the textual analysis of legal documents, the ability to identify the main legal issues, to frame the institutes of Islamic law, to compare them with similar Western legal institutes.

Students will have to demonstrate knowledge of the program topics and be able to make a critical comment on specific issues.

They must also be able to understand and explain the main problems arising from the interaction of the Islamic religion with European legal systems.

Students will acquire autonomy of judgment, ability to systematically frame the institutions and underlying issues, critical evaluation on jurisprudential hermeneutics.

They will also develop communication skills and technical-legal terminology, that will provide a suitable basis for undertaking subsequent studies

As a specialized teaching, a general knowledge of the sources of Islamic law is recommended, following the hermeneutical interpretation of the different legal schools, in one with the main juridical institutions of the Muslim world and of the Islamic countries.

The following topics will be examined:

- General principles of the Islamic penal system, jurisdiction and mediation
- Major sins and related penalties
- Sexuality and reforms against gender violence in Islamic countries
- Islamic finance and new shari'a compliant devices
- Islamic markers and European jurisprudence
- Prison radicalization and deradicalization in a comparative key

analyzed institutions:
- Islamic criminal law
- Sexuality and gender-based violence
- Islamic finance
- Personal status
- Penitentiary radicalization and de-radicalization

Three essays will be studied

1) The first chosen betwen
a) Fronzoni, V.: Principi generali del sistema penale islamico, in Diritto e Religioni, VIII, 2/2009, da p. 153 a p. pp. 205;
or
b) Peters, R.: Crime and Punishement in Islamic Law, Cambridge University Press, Cambridge 2005 (da p. 6 a p. 68);

2)
Fronzoni, V.: Il bitcoin è halal? Una visione islamicamente orientata sulle valute virtuali, in “Diritto e Religioni”, XXIV, n. 2/2017, Luigi Pellegrini Editore, Cosenza, pp. 545-560

3)
Fronzoni V.: Il fenomeno della radicalizzazione e del proselitismo violento in ambito penitenziario, in Scritti di cooperazione giudiziaria penale, Dike Giuridica, Roma, 2018 (da p. 399 a p. 421);

The exam will be an oral test on the program lessons

Classroom lectures, also with the help of power point presentations and possible examination and distribution of teaching materials

Italian

oral

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development