73275 - Religious Legal Systems

Course Unit Page

Academic Year 2018/2019

Learning outcomes

The course provides relevant information with regard to the protection of religious freedom and regulation of cults in italian and in other jurisdictions. The student will gain mastery of the major systems of relations between Church and State in the world and also knowledge of the elements of the internal law of the numerically largest most represented faiths and their own structures. Specific focus will therefore be given to some study cases in an international perspective in order to highlight the continuous review in the local-global dynamics of the relationship between religious factors and legal systems, in between religious ordinances and State laws.

Course contents

General Section: Systems of relationship between the State and religious denominations in Italy and in Europe. Religion as an asset legally protected by the State. Regulation of religious freedom in the ecclesiastical sources of Italian and European law. In detail: Bi-lateral agreements arrangements, ecclesiastic treaties. European Union and religious institutions. Small States and religious factors. Notes on Vatican diplomacy. Notion of religious denomination in Italy: comparative aspects. Republican State and the Catholic Church in Italy. Minor religious denominations: Agreements and Acuerdos with the State in Italy and Spain. The religious orders. Denominations with no bi-lateral agreements in Italy: the legal regulation of Islam. Islam in Europe. Role and interaction of islamic law in non-muslim context. Monograpich: Introduction to Islamic law. The history of islamic law from the classic age to the contemporary world. The role of faith-based organizations in this historical context and in a globalized world: comparison between Islams. Islamic law as a theory of society. The criterion of self-Community, the sacred nature of Sharia's and the relevance of jurists class. The islamic family law.


1. P. CONSORTI, Diritto e religione, Laterza, Roma-Bari, 2010.
2. WAEL B. HALLAQ, Introduzione al diritto islamico, Bologna, Il Mulino, 2013

Teaching methods


Assessment methods

The exam will be oral. Attending students who have actively participated in 70% of the lessons of the course, are authorized, under verification of the fulfillment of this requirement by the teacher, to study only the text of monograpich WAEL B. Hallaq, An Introduction to Islamic law, Bologna, Il Mulino, 2013.

Teaching tools

Slides in power point. 

Students who need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) will communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

The collaborators of the Chair and the Professors will receive the students on the same day.

Office hours

See the website of Antonello De Oto