ISLAMIC COUNTRIES LAW

The course aims to offer a broad and comprehensive overview of Muslim law and Islamic countries. In particular, the Islamic penal system will be analyzed, both from a substantive and a procedural point of view. The relationship between the Muslim religion and European jurisprudence will then be studied in depth under various aspects: in terms of family and the law of Muslim minors, especially as regards religious freedom; on the subject of Islamic finance and interaction with Western-style finance. Finally, a detailed analysis of the phenomenon of penitentiary radicalization and de-radicalization programs will be offered.

The learning outcomes expected from the course are that students have mastered the following knowledge upon completion: the general principles of the Islamic penal system; the concepts of "crime" and "sin" and their hermeneutics; the role of jurisdiction and of the doctrine of legal schools in the procedural affair; the classification of crimes and their respective penalties in a diachronic and synchronic perspective; the dimension of religious minorities in dar al-islam and dar al-harb; the notion of cultural motivation; the particular repercussions of confessional markers in the light of contemporary jurisprudence; the dynamics of prison radicalization and the main de-radicalization programs; all offering reflective ideas with respect to the jurisprudential interpretation of these issues.

Since this is a specialized level of teaching, a general knowledge of the sources of Islamic law is recommended, in their hermeneutic declination of the different legal schools, in one with the main legal institutions of the Muslim world.

The course will be carried out through an interdisciplinary methodological approach, using the tools of the sciences of comparative law, providing the student with knowledge and understanding skills applied through the reading and syncretic analysis of jurisprudential rulings on the subject of culturally oriented crimes, providing for the acquisition of the methodological tools necessary to relate to these judgments through: the textual analysis of the provisions, the identification of the main cases, the classification of the legal institutions and the underlying issues in the light of Islamic law, the possible comparison with analogues Western-style legal institutions. At the end, students will have to demonstrate that they have an in-depth knowledge of the topics covered by the program and that they can independently conduct the development of a critical comment on specific issues. They must also be able to understand and explain the main problems deriving from the interaction of the Islamic religion with the European legal systems, especially in terms of radicalization and de-radicalization programs, even at a comparative level.
CONTENTS
1 General principles of islamic criminal law and procedure:
The concept of justice in islam; Ontology, classification and type of crimes (haqq Allah/haqq adami); Ontology, classification and type of punishments; Judicial and penitentiary organization in islam; Role of jurisdictional institutions and function of trial; Jurisdiction and criminal mediation (the role of hiyal); Evidences; Enforcement.
2 Islamic world in western legal systems:
Concept and definition of cultural offences/defence, subjects and law performance; European and Islamic Jurisprudence on islamic issues.
3 Islamic finance:
Islamic finance is an expanding sector of the world economy, receiving a growing interest in the international financial sector. It is based on strong ethical principles and is endowed with distinct rules and, in some aspects, even far from the homologous codifications and financial practices of the western world. In Islamic participatory finance, the believer is called to respect sharaitic principles also in economic exchanges and contractual logics. It is therefore more appropriate than ever to know the inspiring principles of Islamic finance in order to interact with the Muslim universe, especially in reference to the business world and international transactions.
4 Prison radicalisation:
Prison radicalisation, analysis and corrections; deradicalisation programs.

A) Fronzoni Vasco, Principi generali del sistema penale islamico, in Diritto e Religioni, VIII, 2/2009, da p. 153 a p. 205;

B) Fronzoni Vasco, Processi di inclusione dell’Islam negli ordinamenti europei. Diritto e religione in prospettiva comparata, Luigi Pellegrini editore, Cosenza, 2020
In quest’ultimo testo, del quale si consiglia comunque una lettura, dovranno essere studiati i seguenti argomenti:
- Minori e famiglia musulmana (from p. 191 to p. 236);
- Estremismo, fondamentalismo, terrorismo e radicalizzazione (from p. 161 to p. 172);
- Finanza e Banca islamica (from p. 173 to p. 182);

Didactic material provided in class

The exam is divided into an oral exam
Language in which the exam takes place: Italian but some legal terms are required in Arabic
Evaluation criteria: Terminological properties and applicative capacity of the analysis procedures, understanding of the documents examined in a comparative key

The teaching activities will consist of 85% lectures, as well as possible seminars 3%, workshops 3%, exercises 3%, laboratories 3%, group work and individual research 3%.

Italian

oral

This subject deals with topics related to the macro-area "Human capital, health, education" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development