Abstract/Sommario: The author starts a reflection focusing on the difference between the culture of the Italian legal system and the judiciary culture shaped by the shari'a. He examines the nature of marriage in Islam, which, he says, is "established within an order of relations which theologically views the equality of man and woman before God, but in practice upholds the supremacy of men". This lack of balance in the position of the two spouses becomes clear in the institution of the Act of Repudiatio ...; [Leggi tutto...]
The author starts a reflection focusing on the difference between the culture of the Italian legal system and the judiciary culture shaped by the shari'a. He examines the nature of marriage in Islam, which, he says, is "established within an order of relations which theologically views the equality of man and woman before God, but in practice upholds the supremacy of men". This lack of balance in the position of the two spouses becomes clear in the institution of the Act of Repudiation where the dominant role is given to the husband and becomes an easy way for the man to dissolve the marriage. This issue, unknown in Italian tradition, has become relevant with the spread of mixed marriages with Muslims and the growing number of Muslim couples living in Italy. Keeping this in mind, the author concludes his research with an overview of the way this issue of repudiation, which is seen as "incompatible with the egalitarian and lay values in Europe", is dealt with within the Italian legal system