ISLAMIC COUNTRIES LAW

The teaching falls within the course of study: [LMR40] LANGUAGES OF ASIA AND MEDITERRANEAN AFRICA FOR BUSINESS AND INTERNATIONAL COOPERATION - Arab countries.
Mutuations: [LM8150] LAW OF ISLAMIC COUNTRIES - [LMR80] TRANS-MEDITERRANEAN STUDIES: MIGRATION, COOPERATION AND DEVELOPMENT.

xpected learning outcomes:
The aim of the course is to introduce the Islamic legal system and its application in contemporary Islamic states. Through the study of a number of legal institutions, the aim is not only to enrich the student's cultural heritage, but also to stimulate his or her critical and analytical skills in order to enable him or her to understand legal issues involving different legal systems.
Ability to apply knowledge and understanding
The course aims to enable the student to understand the structure of the Islamic legal model and its application in different Islamic legal systems; students must demonstrate knowledge and understanding of issues relating to religious and legal pluralism and the consequences of such pluralism in the lives of individuals.
Further expected learning outcomes:
Autonomy of judgement
The student is required not only to expound the contents of the course, but also to reflect critically on possible concrete cases; to this end, he/she must demonstrate the ability to make connections between the different branches of law in Islamic countries in order to identify the correct answer or the one that can best be justified with the information learned.
Communication skills:
The student must be able to analytically illustrate the characteristics of the legal institutions under study, adopting appropriate language
Learning skills:
The student must be able to read and understand the contents of legal texts, laws and judgments presented in lectures or in supplementary teaching materials.

None. None. None. None. None.

1. Introduction to the concepts of sharī'a and fiqh;
2. The dialectic between sharī'a and qānūn;
3. Legal colonisation and acculturation;
4. Codification and nation states;
5. Application of Muslim law in contemporary Islamic countries;
6. New trends in law in Islamic countries
7. Main institutes under study: personal status (marriage, filiation), bioethics, obligations and contracts, crimes and punishments,

In Italian:
Castro F., Il modello islamico, Torino, Giappichelli, 2007, cap. 1 (pp. 3-26) or D’Emilia A., Scritti di diritto islamico raccolti a cura di F. Castro, Roma, Istituto per l’Oriente, 1976, capp. I-III (pp. 1-76). Donini V.M., Scolart D., La sharì‘a e il mondo contemporaneo, Roma, Carocci, 2015 (reprint 2020).
Or, in English:
Hallaq W.B., Sharīʿa. Theory, Practice, Transformations, Cambridge University Press, Cambridge, 2009.
Or, in Frdnch:
Dupret B. (sous la direction de), La charia aujourd’hui. Usages de la référence au droit islamique, Paris, La Découverte, 2012.

The examination consists of an oral test.
Language of the examination: Italian, but some legal terms are required in Arabic.
Assessment criteria: Terminological property and ability to apply the analysis procedures.

oral

The examination is conducted orally and in Italian.
The student will have to answer at least 3 questions aimed at ascertaining knowledge of the legal institutes studied and the ability to think critically and analyse concrete cases
The assessment is expressed in 30ths
18-21: The student has acquired the basic concepts of the discipline;
22-25: The student has acquired the basic concepts of the discipline and the ability to connect the different institutes, with appropriate and correct language;
26-29: The student demonstrates a complete and well-structured knowledge of the subject; he/she demonstrates the ability to independently rework the acquired knowledge and also shows the ability to analyse with appropriate and punctual language.
30 - 30 cum laude: The student demonstrates a comprehensive and thorough body of knowledge; excellent ability to analyse applied problems, accompanied by the use of exemplary legal language.

Lessons include the use of power point presentations to illustrate the conceptual structure of law and to encourage textual analysis.
Short documentaries on famous cases will be shown and the legal issues raised will be discussed in the classroom.
The active participation of the students will be taken into account in the final assessment.

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