ISLAMIC COUNTRIES LAW

The framework of the course hinges on the educational objective of offering a broad and comprehensive overview of Muslim law in Islamic countries and also in the Diapsora. In particular, the Islamic penal system will be analyzed, both from a substantive and a procedural point of view. The relationship between the Muslim religious law system 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 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.

As expected learning outcomes the course aims that the students, at the end, have mastered the following knowledge: the general principles of the Islamic penal system; the concepts of "crime" and "sin" and their hermeneutics; the role of jurisdiction and the doctrine of law schools in judicial affairs; 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 interest; the critical issues of Muslim minors and families in the diaspora; the particular repercussions of confessional markers in the light of contemporary jurisprudence; the dynamics of prison radicalization and the main de-radicalization programs. These issues will be analyzed by offering reflective insights with respect to jurisprudential interpretation

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, making use of the tools of the sciences of legal comparison, providing the student with the knowledge and understanding skills applied through the reading and syncretic analysis of jurisprudential decisions, also on the subject of cultural offences, providing for the acquisition of the methodological tools necessary to relate to these judgments through: the textual analysis of the judgement, 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 similar Western-type legal institutions. At the end, students will have to demonstrate that they have an deep 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 arising 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.
The program is structured as follows:
1) General principles of Islamic criminal law and procedure:
The concept of justice in Islam; Ontology, classification and typology of crimes (haqq Allah / haqq adami); Ontology, classification and type of sanctions (fixed, private vendetta and discretionary); Judicial and penitentiary organization in Islam; Role of the judicial bodies (qadi, military commanders and market inspector) and function of the process; Jurisdiction and criminal mediation (the role of the hiyals); Evidence and evidentiary procedure; Execution.
2) Confessional markers and European jurisprudence in family law and Muslim minors
Concept and definition of family in Islam and of Muslim minors; Religious freedom and circumcision; Relapses of the Islamic confessional effect in Western legal systems and in a context with a non-Islamic majority; Italian and comparative jurisprudence on questions of Muslim faith.
3) Horizons of Islamic Finance:
Characteristics of Islamic finance; Shariatic values ​​and differences with Western finance; actualization of ethical principles in the business world and in emerging markets.
4) Prison radicalization and de-radicalization:
Penitentiary radicalization, analysis and corrective measures; the main de-radicalization 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 this last text, of which a full reading is still recommended as a personal in-depth study, the following topics must be studied for the purposes of the course:
- Minori e famiglia musulmana (da p. 191 a p. 236);
- Estremismo, fondamentalismo, terrorismo e radicalizzazione (da p. 161 a p. 172);
- Finanza e Banca islamica (da p. 173 a p. 182).
Together with didactic material provided in class (sentences and more)

The exam is carried out through an oral test
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,
3& possible seminars
3%, workshops
3%, exercises
3%, laboratories
3%, group work and individual research
Teaching language: Italian
Type of exam: oral

Italian

oral