Obiettivi formativi
The course equips students with comparative tools to understand sources, institutions and practices of law in Muslim-majority countries, with particular attention to the relationship between Shariʿa, state law, and international human rights standards. Students will learn to:
- map the sources of Islamic law;
- distinguish schools of interpretation and their impact on family, obligations, criminal law, public law, and finance;
- analyze modern codification, secularization/islamization processes, and interaction with constitutionalism;
- critically assess case studies (MENA, Türkiye, Iran, Pakistan, Indonesia, Sub-Saharan Africa) on family law reforms, constitutional justice, ḥudūd and fundamental rights;
Risultati di apprendimento attesi
Knowledge and understanding: Advanced knowledge of uṣūl al-fiqh, comparative fiqh, classical categories, and dynamics of codification in colonial and post-colonial eras.
Applying knowledge and understanding: Ability to distinguish layers of normativity (religious, state, customary), and analyze Shariʿa clauses in constitutions.
Making judgements: Critical evaluation of legislative reforms and constitutional/Sharīʿa case law in Muslim-majority countries, with attention to gender, minorities, and legal pluralism.
Prerequisiti
Basic knowledge of public law and comparative public law; familiarity with mixed legal systems.
Contenuti Del Corso
Two integrated parts:
Part I – Foundations and doctrinal maps (Weeks 1–5)
Part II – Comparative cases and applications (Weeks 6–12)
Testi Di Riferimento
Readings are provided in the weekly schedule
Metodologie Didattiche
Lectures with enquiry-based learning and case discussions.
Modalità di verifica dell'apprendimento
The assessment of the proficiency for this course is articulated as follows:
- 70% of the grade will be based on the final oral exam
- 30% of the grade will be determined through continuous assessment (multiple-choice test).
Non-compliant and extempted students will be assigned with extra-readings to be discussed during the final oral exam.
Criteri per l’assegnazione dell’elaborato finale
Priority to research combining doctrinal analysis and comparative case studies.
Settimana 1
Introduction to the course; legal pluralism (state/religious/customary); sources of Islamic Law; schools of interpretation.
Readings: Wael B. Hallaq, An Introduction to Islamic Law, ch. 1–3;
Settimana 2
The impact of colonization on Islamic legal systems.
Readings: Wael B. Hallaq, An Introduction to Islamic Law, ch. 7-8
Settimana 3
State, constitution and Sharīʿa: models (Islamic state, secular state, state with religion); Islamic clauses in constitutions.
Readings: Valentina Rita Scotti, Islamic Constitutionalism, in Max Planck Encyclopedia of Comparative Constitutional Law, May 2020;
Id. Constitutions and Sharia Provisions, in Max Planck Encyclopedia of Comparative Constitutional Law, June 2022
Settimana 4
Family law and personal status: marriage, mahr, polygyny, divorce (ṭalāq/khulʿ), child custody, inheritance; contemporary reforms.
Readings: Yüksel Sezgin, Muslim Family Law Reform: Understanding
the Difference between Muslim-Majority and
Muslim-Minority Jurisdictions, Journal of Law, Religion and State
10 (2022) 218–251; Amira Sonbol, El‑Azhary. “The Genesis of Family Law: How Sharīʿah, Custom, and Colonial Laws Influenced the Development of Personal Status Codes.” https://arabic.musawah.org/sites/default/files/Wanted-AEAS-EN-2ed.pdf
Settimana 5
Criminal law: ḥudūd, qiṣāṣ/diya, taʿzīr; evidentiary standards; judicial role; reception in modern codes.
Readings: Mark Cammack “Islamic Law and Crime in Contemporary Courts.” Berkeley Journal of Middle Eastern & Islamic Law 4, no. 1 (2011): 1–28.
Settimana 6
Islamic Finance: waqf and contracts. (guest lecture)
Readings: Ayub, M., Khan, K. and Ismail, M. (2024) Waqf in Islamic Economics and Finance. [edition unavailable]. Routledge. Available at: https://www.perlego.com/book/4574032
Uddin, I. et al. (2024) Islamic Financial Institutions. Routledge. Chapter 4. Available at: https://www.perlego.com/book/4574458
In the second session of this week, students will attend the mid-term test
Settimana 7
Türkiye between secularism and authoritarianism.
Readings:
Scotti, V. R. (2026) Constitutional Law and Politics in Türkiye. Routledge. Introduction and Concluding remarks. Available at: https://www.perlego.com/book/5269219.
Settimana 8
North Africa: Morocco, Tunisia, Egypt, from independence to the post-Arab Spring constitutions
Readings:
Biagi, Francesco. (2022). Constitution drafting after the arab spring: comparative overview. Indiana Journal of Global Legal Studies, 29(1), 1-58.
Marx, D. A. (2010). North Africa’s constitutions at the 50-year mark: an analysis of their evolution. The Journal of North African Studies, 15(4), 481–495.
Settimana 9
Southeast Asia: Indonesia and Malaysia. Legal pluralism and religious courts.
Readings:
Hussain, J. (2011). More Than One Law for All: Legal Pluralism in Southeast Asia 1. Democracy and Security, 7(4), 374–389.
Hamayotsu, K. (2015, September). Democracy and religious pluralism in Southeast Asia: Indonesia and Malaysia compared (Key Issues in Religion and World Affairs). Boston University, Institute on Culture, Religion, and World Affairs.
Settimana 10
Sub-Saharan Africa: the case of Nigeria between common law and sharia
Readings:
Ostien, Philip and Dekker, Albert, Sharia and National Law in Nigeria (2010). SHARIA INCORPORATED: A COMPARATIVE OVERVIEW OF THE LEGAL SYSTEMS OF TWELVE MUSLIM COUNTRIES IN PAST AND PRESENT, pp. 553-612, J.M. Otto, ed., Leiden University Press, 2010, https://ssrn.com/abstract=1766431
Settimana 11
Iran. The velayet-e-faqih principle.
Readings:
Mahdavi, Mojtaba, 'The Velayat-e Faqih: Basis, Power and Longevity', in Mehran Kamrava (ed.), The Sacred Republic: Power and Institutions in Iran (2023; online edn, Oxford Academic, 22 Feb. 2024),
Settimana 12
Fundamental rights: a focus on the evolution of women’s rights.
Readings:
Saifullin D, Okan S, Akimkhanov A. Women rights from Islamic perspectives: navigating rights, challenges and contemporary perspectives. Front Sociol. 2026 Jan
M. A. Rahim, Md. Rahmat Sarker (2025). A Comprehensive Analysis on the Status and Rights of Women in Islam. , 9(11),
Anwar, Z. (2007). Islam and Women’s Rights. UCLA: Center for Southeast Asian Studies. Retrieved from https://escholarship.org/uc/item/3cv6d3df