This article deals with the logic of fiqh as the understanding of Šarī‘ah. Its core argument is that the distinctive nature of fiqh, as a specific type of law making, consists of the delivery of verdicts.To support this theory, the article preliminarily focuses on the tenets of Muslim cosmology/legal theology…
Sports are subject to the principle of regulatory autonomy. It allows sports institutions to introduce rules independently of state law, as long as their fundamental principles are not violated. These rules, inspired by the principle of neutrality of the playing field, may conflict with religious precepts that guide faithful-athletes in…
In several Islamic-majority states, the Qur’anic precept allowing polygynous union has been translated within the various codifications relating to personal status. The ‘polygynous option’ has thus become one of the permissible ways of institutionalizing an affective bond. While this choice represents an entirely permissible option in such contexts, in our…
This article aims to analyze some specific elements of Maurice Hauriou’s institutionalist theory. Dealing with Hauriou is an opportunity to discuss once again the philosophical-legal aspects that shape the backbone of traditional legal institutionalism and to reconsider the theoretical sources Hauriou may have drawn on. In the three genealogical itineraries…
Global migration has reshaped European societies, even if the change has never been symmetric and uniformly disseminated. Different legislative approaches combine with a uniform formal exclusion from national polity, despite migrants growing activism in social, religious and trade union movements. The comparative analysis of migrant enfranchisement at the local level…
The research analyses the prescriptive use of the term ‘interculturalism’ in the legal sciences, with the dual purpose of understanding: 1) how its content is indebted to theoretical elaborations from other sciences; 2) in a comparative perspective, whether interculturalism has a uniform application in the different legal systems in which…
The migratory flows that have affected Italy in the last thirty years have slowly but surely imposed a unprecedented social, economic and legal development of the country. This phenomenon has obviously involved the labor area, which over time has had to deal with new needs and the rising of new…
The proposed article introduces the main features of the millet system of personal laws, which is considered the most emblematic and oldest example of personal federalism adopted by the Ottoman Empire and maintained, in different forms, in some contemporary States. The first part of the contribution outlines the origin of…
This contribution investigates the meaning of ‘intercultural health’ through an analysis of the contexts in which this definition emerges. In particular, three areas are analyzed: that of indigenous communities, that of migrants and refugees and the more general context of therapeutic choices determined by cultural values. A final part of…
The contribution focuses on framings of the concept of the multicultural state. Only in recent times have certain questions prompted a re-thinking of previous definitions of the dogmatic category of state. The difficulty of tracing practical aspects back to theoretical models has led to seeing the multicultural state as an…
