31658 - Islamic Countries Laws

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Quality education Reduced inequalities Peace, justice and strong institutions

Academic Year 2021/2022

Learning outcomes

The acquisition of the essential notions of the law of Islamic countries in a perspective of legal comparison.

Course contents

The Law of Islamic Countries course is aimed at offering students the knowledge of the historical trajectories followed by the evolution, from a constitutional and institutional point of view, of the legal systems of countries characterized within them by a majority presence of the population of Islamic faith, in the vast area which extends from Morocco to Indonesia, up to the experiences of the "Arab Spring" and to the most recent events in contexts such as North Africa and the Middle East, Central Asia, the Indian sub-continent, the Far East, the Sahel and sub-Saharan Africa. The course devotes a careful analysis to the sources of Islamic law and to the techniques of their interpretation. The course is also aimed at offering essential notions in some fundamental sectors of Islamic legal systems, such as public law, civil and commercial law, family and succession law, criminal law.

Readings/Bibliography

Text to be prepared are:

1. L. Mezzetti, Diritto islamico. Storia e fonti, istituzioni, società, Giappichelli, 2022;

2. S. Censi, Diritto musulmano e dei Paesi islamici. Fonti, statuto personale, diritto penale, Bonomo, Bologna, 2017.

Teaching methods

Lessons will be given by Prof. Luca Mezzetti, 28-hours teaching module, and by Dr. Sandro Censi, 20-hour teaching module.
The lectures given by Prof. Luca Mezzetti will focus on constitutional transitions and the processes of democratic consolidation within the main constitutional systems of Islamic countries and will be articulated in the analysis of the forms of state and government of the same.
The lectures given by Dr. Censi will deal with profiles related to the system of sources of Islamic law, as well as notions of Islamic civil and criminal law.
The teaching will be articulated in frontal lessons and in the seminars activities directed to the involvement of the students. In the lectures will be conducted the systematic presentation of the topics covered by the course, according to the program above, and then leave room for the examination of the jurisprudence on the individual issues addressed.
Specialist seminars parallel to the course will be dedicated to the analysis of specific Islamic legal systems.
The lessons will be held in the second semester and therefore the students will be able to take the exam starting from May 2022.

Assessment methods

The exam will take place in oral form.
The exam will focus on the topics indicated in the "Program and contents" section.
The evaluation of the test will be carried out taking into consideration:
knowledge of institutional profiles;
the ability to analyze the jurisprudential and doctrinal guidelines;
the ability to make connections between the different parts of the program;
the ability to develop critical arguments;
the exposure articulation;
the accuracy of the exposure.

By way of example, the following criteria will be used to assign the final mark (that will be out of 30/30):

· knowledge of a very limited number of topics, extensive support by the interviewer to address and answer the questions, basic yet appropriate language à 18-19/30;

· knowledge of a limited number of topics, ability to autonomously address basic legal problems, use of appropriate language → 20-24/30;

· comprehensive knowledge of the programme, ability to autonomously and critically analyse legal problems, use of specific terminology → 25-29/30;

· extensive knowledge of the programme, ability to reason autonomously and critically analyse legal problems, make connections between the topics, ability to master the specific terminology and ability to present legal arguments. → 30-30L/30.


Registration for the final exam must be done using the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).


THESIS
The degree theses are assigned by Prof. Luca Mezzetti after an interview. After assigning the title, the teacher will eventually indicate to the student a tutor, who will follow him/her during the elaboration of the research work.

Teaching tools

In order to facilitate the assimilation of the concepts, also by means of the visualization of the logical links, the illustration of the institutes will be constantly accompanied by the use of slides.


Students who for reasons of disability or specific learning disabilities (DSA) need compensatory tools will be able to communicate to the teacher their needs so as to be directed to the contacts and agree on the adoption of the most appropriate measures.

Office hours

See the website of Luca Mezzetti