Traduzione interlegale vs. traduzione giuridico-interculturale. La recezione in Italia delle successioni islamiche tra regole e situazioni normative.

This article examines how Islamic rules of succession may be accommodated within the Italian legal system through the lens of intercultural legal translation. It proceeds from the premise that legal rules are grounded in specific understandings of family structure, property, and solidarity obligations, which do not necessarily coincide across legal systems and may raise significant difficulties when applied in a different normative context. For this reason, a comparative approach that merely maps rules onto one another proves insufficient. After outlining the principal features of Islamic inheritance law, the analysis examines the public policy exception under Article 35 of Regulation (EU) No. 650/2012, arguing that the compatibility assessment must be conducted by reference to the concrete effects of the foreign rule in the specific case and with regard to the ‘normative situation’, rather than to its abstract content. Through the analysis of three practical cases the article shows that the underlying concerns of Islamic succession law can be addressed within the existing framework of Italian private law.