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Palgrave Macmillan

Shari'a and the Constitution in Contemporary Legal Models

Two Worlds in Dialogue

  • Book
  • © 2024

Overview

Authors:
  1. Federico Lorenzo Ramaioli

    1. Ministero degli Affari Esteri, Rome, Italy

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  • Compares the ways in which Islamic sharīʿa and Western legal categories interact
  • Aims to formulate a new analytical approach to constitutional comparisons
  • Explores the possibility of sharīʿ playing a role in Western legal systems

Part of the book series: Global Issues (GLOISS)

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Table of contents (7 chapters)

  1. Front Matter

    Pages i-xxiii
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  2. Introduction: A Systematic Approach to Islam and Constitutional Practice

    • Federico Lorenzo Ramaioli
    Pages 1-36

  3. No Sharīʿa in the Land of Sharīʿa

    • Federico Lorenzo Ramaioli
    Pages 37-77

  4. Sharīʿa in the Constitution and the Constitution of Sharīʿa

    • Federico Lorenzo Ramaioli
    Pages 79-122

  5. The Saudi Model and Sharīʿa as Constitution

    • Federico Lorenzo Ramaioli
    Pages 123-155

  6. The Juridical Dimension of Islamic Fundamentalism: The Case of ISIS

    • Federico Lorenzo Ramaioli
    Pages 157-201

  7. Sharīʿa and the West, and Sharīʿa in the West

    • Federico Lorenzo Ramaioli
    Pages 203-242

  8. Conclusion: A Few Remarks for Further Reflections

    • Federico Lorenzo Ramaioli
    Pages 243-252

  9. Back Matter

    Pages 253-283
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Keywords

About this book

This comparative law book aims at formulating a new analytical approach to constitutional comparisons, assuming as a starting point the different legal perspectives implied in the (Sunni) Islamic outlook on the juridical phenomena and the Western concept of law, with particular reference to constitutionalism. The volume adopts a wider and comprehensive viewpoint, comparing the different ways in which the Islamic sharīʿa and Western legal categories interact, regardless of substantive contents of specific provisions, thus avoiding conceptual biases that can sometime affect present literature on the matter. The book explores the various dynamics subtended to the interactions between sharīʿa and Western constitutionalism, providing a new classification to the different contemporary models. The philosophical and legal comparisons are analyzed in a dynamic way, based on a wide range of contemporary constitutional systems, virtually encompassing all the States in which Sunni Islam plays a major cultural role, and taking also into consideration non-State actors and non-recognized actors.

"Published in cooperation with gLAWcal - Global Law Initiatives for Sustainable Development, Hornchurch, Essex, United Kingdom".


Authors and Affiliations

  • Ministero degli Affari Esteri, Rome, Italy

    Federico Lorenzo Ramaioli

About the author

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.

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