LEGAL SYSTEMS OF MUSLIM COUNTRIES

Valentina Rita Scotti

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