Unit PUBLIC LAW OF ISLAMIC COUNTRIES
- Course
- Law
- Study-unit Code
- A000048
- Location
- PERUGIA
- Curriculum
- In all curricula
- Teacher
- Maurizio Oliviero
- Teachers
-
- Maria Chiara Locchi (Codocenza)
- Hours
- 36 ore (Codocenza) - Maria Chiara Locchi
- CFU
- 6
- Course Regulation
- Coorte 2024
- Offered
- 2025/26
- Learning activities
- Affini o integrative d.m.270/04
- Area
- Attività formative in ambiti disciplinari affini o integrativi a quelli di base e caratterizzanti, anche con riguardo alle culture di contesto e alla formazione interdisciplinare
- Academic discipline
- IUS/21
- Type of study-unit
- Opzionale (Optional)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- Islamic law: notion and origins. The sources of Islamic law: basic notions. The different stages of constitutionalism in the Arab countries and the current trends of constitutional law in the Arab world. Islam and positive law: Islamic law and the law of Islamic countries.
- Reference texts
- - F. Castro, Il modello islamico, Giappichelli, Torino, 2007 - limitatamente ai Cap. 1, 5 e 6. - M. Oliviero, I Paesi del mondo islamico, in P. Carrozza, A. Di Giovine, G. F. Ferrari, Diritto Costituzionale Comparato, Laterza, Roma-Bari, ult. ed. - - C. Sbailò, V. Nicolì, I semipresidenzialismi nel Nord Africa, in DPCE Online, 1/2023, pp. 1195-1246 – disponibile all’indirizzo: https://www.dpceonline.it/index.php/dpceonline/article/view/1841/1848 * Attending students will be provided by the teacher with materials relating to specific topics addressed during the course, which will be the subject of group or individual) classroom presentations.
- Educational objectives
- The course aims at providing students with the knowledge useful for understanding the system of legal sources in the Islamic tradition as well as the process of evolution of constitutionalism in Arab and Islamic countries. That will be useful also in view of the comprehension of the current political-constitutional events.
- Prerequisites
- Learning the basic notions regarding the sources of Islamic law and the evolution of constitutionalism in the Arab and Islamic world, in order to understand the current political and constitutional dynamics.
- Teaching methods
- The prevailing teaching method involves classroom lectures with the use of slides. In-depth seminars are also planned with the involvement of scholars from other Italian and international universities.
- Other information
- Prof. Locchi is available to attending students, before and after class, for requests for clarification and information. She receives students in her room (no. 39 Law Department) every Monday from 11.00 to 13.00. It is in any case possible to arrange an appointment by contacting Prof. Locchi by email: maria.locchi@unipg.it.
- Learning verification modality
- The exam includes a final oral test, both for attending and non-attending students, which consists of a discussion-colloquium relating to the topics covered in the reference texts. For attending students, participation in (group or individual) classroom presentations related to specific texts provided by the teacher will be considered for the purposes of the final exam. The test is designed to ascertain students' level of knowledge, comprehension and synthesis skills, as well as their ability to properly communicate the contents acquired. The duration of the exam and the number of questions asked by the teacher vary depending on the progress of the test. For information on support services for students with disabilities and/or DSA visit http://www.unipg.it/disabilita-e-dsa
- Extended program
- Introduction to Arab-Islamic Constitutionalism: the dialectic between indigenous legal tradition and European constitutional models. Umma and the State: comparing concepts. The traditional institutions of Islam: Caliphate and Sultanate. The sources of Islamic law: definitions of the concepts of shari¿a and fiqh. The dialectic between shari¿a and siyasa shar¿iyya. The four Sunni legal schools and the different systematization of the sources. The characteristics of fiqh: the personal and confessional nature of the law. The role of ijtihad. From the collapse of the Ottoman Empire to independence: the birth of nation-states in the Arab world. The stages of Arab constitutionalism: transplant and reception of the liberal and socialist models. Traditional elements in the structure of contemporary constitutions: the recognition of Islam as the State religion; the incorporation of shari¿a into the system of sources of law in the legal orders of contemporary Islamic countries and the judicial review of shari¿a-compliance by constitutional courts. Current trends in constitutional law in some Muslim-majority countries. Islam in Europe.
- Obiettivi Agenda 2030 per lo sviluppo sostenibile
- Goal 5: Gender equality; goal 16: peace, justice and strong institutions.