The presence in the Old World of a growing number of immigrant families, coming, for the most part, from countries the legislation of which is based on Islamic law, as well as the increase of mixed marriages, places Europe in the face of important and serious problems which could erupt from the encounter and the conflict between very different juridical traditions. And this sums up what emerged from the April 14th conference-debate on the subject of “Shari‘a and Law in Europe” held by Prof. Roberta Aluffi at the Pontifical Institute of Arab and Islamic Studies (PISAI). The professor, who teaches comparative legal systems, Islamic law and African law at the University of Turin, spoke of the role that Shari’a plays in the experience of a lawyer in a European country. Prof. Roberta Aluffi: “It is a multifaceted issue, determined, on one side, by growing immigration and, on the other, by the enlargement of the European Union and of countries in which there are important Islamic minorities or even where Islam represents the majority of the population.” The professor explained that Shari’a, which is the sacred law of Islam, contains dictates which differ greatly from the laws of European countries with regard to, for example, marriage, personal relationship and ownership issues between spouses, or their obligations towards their children.There are, then, many possible points of conflict and the solution appears difficult. Prof. Roberta Aluffi: “...Shari’a as the national law of the foreigner who is in Europe, but also as the law bound to the religion of new European citizens with repercussions, obviously, in family relationships, but also within economic relationships, civil law and with the phenomenon of the pluralization of the juridical environment which Shari’a brings with it…The presence of Shari’a entails new challenges which are included in some major trends of European law like, for example, that of the removing of conflict resolution from the realm of the courts and the relevance of statements of fact.”  As far as regards, however, the measures to be taken in face of the growing phenomenon of immigration, caused by the conflicts which have flamed across Northern Africa, Prof. Aluffi affirmed:Prof. Roberta Aluffi: “On the one hand, current immigration could be, I think, regulated by the tools available. Yes: it has exceptional elements, but nothing which could not be managed ordinarily. However, I would like to underline that, after all, these influxes are the effect of great changes which we should participate in emotionally and intellectually, perhaps more than we do, because they could be an opportunity.” 

 The presence in the Old World of a growing number of immigrant families, coming, for the most part, from countries the legislation of which is based on Islamic law, as well as the increase of mixed...leggi tutto