Programme

The course introduces the study of Islamic law as a historical, legal, theological, and social field, avoiding essentialist readings of sharīʿa and tracing the diversity of its practices and interpretations. The first part will examine the formation of Islamic law from its earliest stages, beginning with the Qurʾānic revelation, the Sunna of the Prophet, and the formation of the community of believers, highlighting the tensions and interactions between legal knowledge, theological knowledge, political authority, and social legitimation.

The second part will focus on uṣūl al-fiqh, namely the methodology for deriving legal norms from the sources of revelation, particularly the Qurʾān and Sunna, and from the interpretive tools developed within the legal tradition. Topics will include ijmāʿ (consensus), qiyās (analogy), ijtihād (interpretive effort), taqlīd (adherence to the authority of a legal school), ʿurf (custom), istiḥsān (juristic preference), istiṣḥāb (presumption of continuity), maṣlaḥa (public interest), and siyāsa sharʿiyya (governance and the administration of law in relation to political power). Particular attention will be paid to the relationship between text, interpretation, authority, and the production of legal norms.

The third part will analyse the institutions and practices through which law is produced: the role of the muftī and the fatwā/fatāwā, the function of the qāḍī and qaḍāʾ (jurisdiction), judicial proceedings, evidence, testimony, and the relationship between jurists, communities, and political power. Concepts such as siyāsa sharʿiyya, ḥisba, and maẓālim will also be discussed to illuminate the complexity of the administration of justice in premodern Islamic contexts.

The fourth part will explore the internal pluralism of the Islamic legal field. It will introduce the four canonical Sunni schools—Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī—and the Shiʿi Jaʿfarī school, emphasising the concept of madhhab, forms of ikhtilāf (legal disagreement), mechanisms of internal flexibility, and the relationship between doctrinal authority, communal practice, and political power.

The course will then examine selected branches of law: ʿibādāt (acts of worship), muʿāmalāt (property and contractual relations), aḥwāl shakhsiyya (personal status and family law), mirāth/farāʾiḍ (inheritance), economic and commercial law, and criminal law, with particular reference to ḥudūd, qiṣāṣ, and taʿzīr.

The concluding part will focus on modern and contemporary transformations: codification, colonialism, nation-states, reforms of family law, changes in the authority of the ʿulamāʾ, new state institutions, Islamist movements, constitutional courts, and public debates on sharīʿa. The aim is to provide the tools needed to understand critically what is defined today as “Islamic law” and how this definition has been profoundly reshaped by modern historical, political, and legal processes.

Prerequisiti

No specific prerequisites are required. The course is designed to introduce students progressively to the terminology, sources, and institutions of Islamic law. General knowledge of Islamic history, Mediterranean history, and modern and contemporary history is helpful but not essential.

Core Documentation

Required reading for the examination: Wael B. Hallaq, *Introduzione al diritto islamico*, Italian translation by Bruno Soravia, Bologna, Il Mulino, 2013.

Recommended background reading: Valentina M. Donini and Deborah Scolart, *La sharì‘a e il mondo contemporaneo. Sistemi giuridici dei paesi islamici*, Rome, Carocci, 2015.

For students attending classes, the oral examination will cover lecture notes, primary sources analysed in class, and Hallaq’s book. For students not attending classes, the examination will cover Hallaq’s book and one chapter of their choice from the volume by Donini and Scolart.

Attendance

Attendance is not compulsory but is strongly recommended, as the course includes discussions, guided readings, simulations, and seminar activities that form an integral part of the learning process. Students not attending classes are encouraged to pay particular attention to the reading requirements set out in the “Required Reading” section.

Type of evaluation

Learning outcomes will be assessed primarily through a final oral examination. For students attending classes, the examination will cover lecture notes, materials discussed in class, and Hallaq’s book. For students not attending classes, the examination will cover the texts listed in the “Required Reading” section. The examination will last approximately 20–30 minutes and will normally comprise three areas of discussion: a historical and conceptual question on the formation of Islamic law; a question on the sources, methods, or institutions of legal production; and a critical analysis question concerning a legal school, an institutional figure, a branch of law, or a modern or contemporary transformation. Assessment will take account of the following criteria: knowledge of the course content; the ability to distinguish accurately between concepts such as sharīʿa, fiqh, qānūn, fatwā, ijtihād, and madhhab; the ability to contextualise topics historically and compare schools and institutions; terminological accuracy; clarity of expression; the ability to develop independent and critical arguments; and appropriate use of disciplinary terminology, including the principal Arabic terms studied during the course. Grades will be awarded according to the following indicative criteria: 18–21, basic but sufficient knowledge of the topics; 22–26, adequate knowledge and well-organised presentation; 27–29, a good command of the content, the ability to draw connections, and accurate use of technical terminology; 30–30 with honours, a very thorough knowledge of the content, independent argumentation, conceptual precision, and the ability to interpret critically the historical and legal issues addressed.