Juridical Perspectives Between Islam and the West: A Tale of Two Worlds

ISBN-13: 9783031378430 / Angielski

Federico Lorenzo Ramaioli

Spis treści

1. INTRODUCTION:

THE WEST AND ISLAM: JURIDICAL CATEGORIES IN A TRANSITIONAL GLOBAL SCENARIO

01. A global space for a global challenge

02. Avoiding universalization and defining a new approach: legal categories

03. Methodology of research

04. Definitions and terminology

05. Preliminary notions about sharīʿa

2. CHAPTER I:

SOVEREIGNTY AND UNIVERSALISM AFTER WESTPHALIA

01. The State and the ummah: a premise

02. State and dawla

03. Structural elements of the State narrative in the West

04. Universalism in Islam: sharīʿa and ummah

05. Conclusions: transnationalism, universalism, territoriality

3. CHAPTER II:

THE LEVIATHAN AND THE CALIPH BETWEEN AUTHORITY AND LAW

01. Premise

02. The khalīfah and the factual idea of Islamic power

03. Authority and law

04. Personification of power in the West

05. Personification of power in Islam

06. Legitimacy and legitimation of power

06.1. External legitimacy

06.2. Internal legitimacy: normative and descriptive dimensions

06.3. Conclusive remarks on legitimation

4. CHAPTER III:

LAW, SHARĪʿA AND HUMAN REASON

01. Premise

02. Preliminary considerations about law and creation

03. Law, sharīʿa, qānūn: a question of reason

03.1. Law and reason in the West

03.2. Reason, sharīʿa and fiqh in Islam

03.3. The case of qānūn between Islam and the West

03.4. Conclusive remarks about law, sharīʿa and reason

04. Law and sharīʿa between form and substance

04.1. Form and substance in the West

04.2. Forms and substance in Islam

05. Sources of law and roots of fiqh

5. CHAPTER IV:

SPIRITUAL COMMAND AND TEMPORAL RULE

01. The terms of the question

02. Sharīʿa as religious law

03. Authority and authorities: between secular command and spiritual guidance

03.1. Spiritual and temporal authorities in the West

03.2.Spiritual and temporal authorities in Islam

03.3.Conclusive remarks

04. Why to punish: a teleological analysis

04.1.Why to punish in the West

04.2.Why to punish in Islam

04.3.Conclusive remarks on punishment

6. CHAPTER V:

ENTERING INTO A DIALOG: FROM THEORY TO PRACTICE

01. Legal orders between imitation and colonization

02. Law and sharīʿa between space and time

03. Law and sharīʿa between morality and coerciveness

03.1. The conceptual extensions of law and sharīʿa

03.2. Bindingness between law and sharīʿa

03.3. Enforceability, law, sharīʿa

04. Sharīʿa, law and constitution

7. CONCLUSION:

NEW JURIDICAL INSTRUMENTS FOR A NEW WORLD

O autorze

Federico Lorenzo Ramaioli, PhD, is an Italian diplomat and lawyer, presently serving as Deputy Head of the Mission of the Italian Embassy to Doha, Qatar. He is Senior Research Associate at gLAWcal. In the past, he worked for two years with the Catholic University of Milan in the fields of Philosophy of Law and Legal Methodology. After entering the diplomatic service, he continued his research activity in law, with particular reference to the Muslim world and to the Far East. He is the author of Islamic State as a Legal Order (Routledge, 2022) and has published various articles in peer-reviewed journals, including Journal of Comparative Law, Suffolk Law Review, Rivista della Cooperazione Giuridica Internazionale, and Orientalia Parthenopea.