Principi sciaraitici e Costituzione: un binomio da ripensare

Rethinking Sharīʿa principles and Constitutions

Abstract

This paper aims at assessing the dynamics concerning comparative methodology, the Islamic model(s) and systems, with a focus on the interdependence between Religion, Politics and the Law. The investigation will be carried out from a macro-comparative perspective on the sources of law, analysing the outcomes also at the micro-comparative level. Moreover, transformative interpretation will be highlighted as a crucial tool in order to detect particularistic data, as well as the effects of transplants, convergence or resistance between models. In addition, Tradition in itself will be evaluated in its interactions with different patterns and features depending on local specificities. Thus, it may well frame legal systems in multifarious ways, as it will be stressed through three case studies addressing the role of Sharīʿa principles in Egypt, Turkey and Tunisia.