Islamic jurisprudence can guarantee respect for the religious tradition as well as the renewal of modern society in many ways. The Moroccan codification of 2004 (mudawwanah: literally “code”) can be considered a step toward the implementation of human rights within the civil code framework. Among the goals of the reform…
In the economic field, the law is often perceived solely for the service function it provides (or should provide) to the benefit of market players. The economy thus drives the creation of negotiating instruments at the service of the great private economic powers. As a result, the weaker “parties” accept…
Despite the assumption that the public sphere is secular, a relationship between religion and law is still present in the daily practice of interpreters of civil law systems. Religious affiliation often leads the faithful to involve religious courts in the resolution of disputes, and to accept their judgements as binding….
Religiously oriented markets have experienced rapid development over the past decade. The production of religious goods, although not without some setbacks, has become one of the main economic activities for many companies. The religious aspects of this market make it both particularly complex to analyze and extremely inviting for businesses….
Law is a constitutive element of social life.The cultural and religious pluralism of contemporary societies raises issues related to encounters between people belonging to different cultures or religions. To solve the consequent problems we have to become able to manage the inevitable “cultural shock” that can derive from such situation….
This paper presents the results of a concise investigation of remedies available for breach of contract, making use of the Economic Analysis of Law (EAL). An exemplar is also provided of EAL’s functional potentialities as a research tool for intercultural law. The prevalence of multiculturalism in today’s global social-economic experience…
An accurate and thoughtful understanding of the Islamic perception of the essential rights of elderly Muslims that considers the substantial contemporary fluctuations and adaptations of their cultural, economic, social, and emotional necessities, evolutions, and renovations calls for attention to Shari‘a (Islamic) principles and religious norms.
Intercultural Diplomacy embodies the richest part of the possibilities offered by international relations (public and private) through dialogue, kind assertiveness, and truthfulness. It means identifying potential syntheses between different cultures and working together with the aim of rediscovering oneself in the Other, living purposefully in the Other, accepting oneself and…
This essay addresses a Judgment of Divorce ruled by an Italian court (Tribunale di Padova) applying Moroccan family law—specifically, Moudawwana Articles 83 and 114. By means of a renvoi to EU Regulation n. 1259/2010, the spouses’ application for divorce benefitted from the so-called “immediate divorce” provision, namely a divorce without…
The essay addresses the issue of religious parties, specifically the dissolution of the Turkish Refah Partis, ordered by the Turkish Constitutional Court, and subsequently upheld by the European Court of Human Rights. By legitimizing the decisions of Turkish authorities, European jurisprudence affirms the incompatibility of a party inspired by the…
