Shari’a law in Catholic Italy: a non-agnostic model of accommodation

Breda, Vito (2015) Shari’a law in Catholic Italy: a non-agnostic model of accommodation. In: The sociology of Shari’a: case studies from around the world. Boundaries of Religious Freedom: Regulating Religion in Diverse Societies, 1. Springer International Publishing, New York, United States, pp. 119-137. ISBN 9783319096049

Abstract

The Italian Constitution and its interpretation by the Constitutional Court have led to the development of a model of accommodation of religious practices that seeks to balance a commitment to promoting religious pluralism whilst, at the same time, maintaining the neutrality of state institutions. What is distinctive about this quasi-neutral constitutional stance is the commitment to reduce the discrepancies between the legal and religious effects of key life decisions. I call this stance ‘positive secularism.’ In this essay, I would like to show that, thus far, positive secularism has been particularly effective in accommodating the demands of Muslim immigrants. For instance, some aspects of the Shari’a law, such as marriage and divorce (including some effects of unilateral divorce), are already recognized by Italian international private law. The second stage for the accommodation of Shari’a law in Italy is likely to be the recognition of Islam as one of Italy’s official religions.


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Item Type: Book Chapter (Commonwealth Reporting Category B)
Refereed: Yes
Item Status: Live Archive
Additional Information: © Springer International Publishing Switzerland 2015. Permanent restricted access to chapter, in accordance with the copyright policy of the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 17 Jan 2017 05:21
Last Modified: 11 Dec 2017 01:06
Uncontrolled Keywords: comparative law, human rights, religious freedom
Fields of Research : 18 Law and Legal Studies > 1899 Other Law and Legal Studies > 189999 Law and Legal Studies not elsewhere classified
22 Philosophy and Religious Studies > 2204 Religion and Religious Studies > 220405 Religion and Society
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
C Society > 95 Cultural Understanding > 9504 Religion and Ethics > 950404 Religion and Society
Identification Number or DOI: 10.1007/978-3-319-09605-6_8
URI: http://eprints.usq.edu.au/id/eprint/30005

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