31658 - Islamic Countries Laws

Learning outcomes

The course of Islamic Law is finalized to offer to the students the knowledge of the historical trajectories followed by the evolution, under the constitutional and institutional profile, of the legal orders of the Countries characterized by a mayoritarian presence of a population of Islamic faith, in the vast area from Morocco to Indonesia, up to the recent experiences of "Arab springs." The course is also finalized to offer essential notions in some fundamental sectors of Islamic legal orders, as public law, civil and commercial law, family law, criminal law.

Course contents

The historical evolution of Islamic law. The State forms of Islamic Countries. Political regimes and forms of government of Islamic Countries. The law sources of Islamic law. Systems and models of constitutional justice in Islamic legal orders. The protection of fundamental rights in Islamic legal orders. Justice systems and models in Islamic Countries. Islamic civil and commercial law. Islamic family law. Islamic criminal law.

Readings/Bibliography

Text to be prepared are:

L. Mezzetti, Codice delle Costituzioni islamiche, vol. I, Cedam, Padova, 2016. (Introductions to Afghanistan, Algeria, Saudi Arabia, Bangladesh, Egypt, Indonesia, Iran, Morocco, Pakistan, Tunisia, Turkey).

L. Mezzetti, Codice delle Costituzioni islamiche, vol. II, Cedam, Padova, 2018 (Introductions to United Arab Emirates, Jordan, Malaysia, Niger, Oman, Pakistan, Senegal, Sudan).

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

With reference to Islamic Countries Codes, frequenting students are allowed to study the Introductions to the systems of Afghanistan, Saudi Arabia, Algeria, Egypt, Iran, Morocco, Tunisia, Indonesia, Jordan, Pakistan and Senegal.

Teaching methods

Lessons will be given by Prof. Luca Mezzetti, 28-hours teachingmodule, 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 2019.

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.

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