Suchergebnisse

The Muslim presence in Italy, and in Europe generally, is steadily increasing. This encounter of two so different cultures is a source of mutual enrichment, but it also creates a new situation, making it necessary for Europe to discuss the position of such a presence in its borders. The legislation of Spain, Germany, Belgium, and France, in addition to that of Italy, is examined in the book edited by Ferrari. The system followed in Italy with regard to religious denominations is based on a legal agreement between the State and the religious group concerned, the agreement always safeguarding the supreme principle of a non-denominational State. However, a series of questions must first be resolved in the case of Islam. Since three proposals have been presented up to now, the first question is to determine the association that truly represents Muslims. Once this has been done, many of the requests made by Muslims will find an answer in existing legislation. Only a few will need to be the subject of special agreements.

The question of the caliphate or imamate and similarly that of the mutʿa marriage (Imāmīs) are generally seen as the deepest differences distinguishing Shīʿī law systems from those of the remaining law schools. Inheritance law, however, reveals an additional range of Shīʿī idiosyncrasies: the division of heirs by kin into classes, certain privileges of the eldest son, and certain disadvantages of wives with respect to some goods in their husband's estates. From a historical point of view, the analysis of these cases leads to some innovative conclusions about the origin and development of Imāmi and Ismaʿīlī doctrine, the influence of political elements on the law system, the question of the authenticity of the Zaydī Majmūʿ al-fiqh, and the dominance of practical considerations over strict legal rules.