Promoting Pluralism and Protecting Religious Freedom: A Comparative Socio-Legal Analysis of Italian Marriage and Divorce Laws and Sharia Norms

This thesis examines how Italian secular law and Islamic religious norms intersect regarding marriage and divorce. The research examines if the presence of legal diversity in Italy, specifically in the realm of family law, promotes religious freedom for Muslim groups, especially those following the Hanafi school of Sunni Islam. By employing general and specific research methods, the thesis evaluates the current Italian laws regarding marriage and divorce, exploring how they interact with legal pluralism. The thesis is structured into three chapters: the initial looks into legal pluralism in Italy's secular legal framework and its effects on religious liberties; the succeeding section studies Sharia law, specifically focusing on the Hanafi madhhab, emphasizing marriage and divorce; the final chapter summarises these examinations to evaluate if legal pluralism can be used to promote religious freedom in Italy. The study highlights the significance of finding a balance between secular and religious laws to protect religious freedom and ensure social unity. The findings are important for not just academic studies but also for education and law, offering an understanding on how pluralism can be successfully implemented in multicultural communities.