Objectives
The Bari research unit has developed a specific line of inquiry dedicated to the legal analysis of the normative sources that regulate processes of integration and non-integration of Muslim communities in Italy. The main objective is to reconstruct, from a systematic and comparative perspective, the framework of norms and practices that affect the exercise of religious freedom, fundamental rights and the relations between Muslim communities and public institutions.
Methodology
The analysis of normative sources was conducted on the basis of an extensive survey of the applicable law, including constitutional provisions, ordinary legislation, secondary and regulatory norms, as well as relevant case law at national, European and international level. Particular attention was devoted to “living law”, namely the set of interpretations, implementation practices and judicial decisions that concretely redefine the legal regime of Islam in Italy.
The research adopted a legal-comparative and interdisciplinary approach, integrating the analysis of sources with the findings of other components of the project, in particular with the evidence emerging from empirical research and case studies. This dialogue between different levels of inquiry made it possible to connect normative provisions with the needs expressed by the actors involved and with the dynamics that characterise institutional and social contexts.
Areas of investigation
The Bari unit examined in depth the main areas in which the interaction between Islam, the legal system and public policies becomes visible. Among the issues addressed, by way of example, are:
the regime of religious freedom and the mechanisms for recognising religious communities, with particular regard to agreements (intese) and instruments for institutional dialogue;
the norms and practices relating to the management of religious diversity in prison contexts, also in light of policies for the prevention of radicalisation and the protection of detainees’ rights;
the regulation of cemetery areas and burial practices of Muslims, and the processes of adaptation of Islamic law to non-Islamic legal contexts;
the normative and case-law framework concerning the institution of kafalah and its circulation within systems for the protection of the rights of the child;
the intersections between religious freedom, national security and migration policies, in contexts marked by processes of securitisation and risk management.
Expected results
The analysis of normative sources aims, on the one hand, to produce a reasoned mapping of the norms and practices that affect the inclusion, participation and recognition of Muslim communities in Italy; on the other hand, to develop a category-based classification of the needs that emerge from living law and from the concrete experiences identified through empirical research.
The results of this work will feed into scientific outputs, interpretative tools and guidelines addressed to policy-makers, institutional actors and professionals working in contexts shaped by religious pluralism. In this way, the Bari unit contributes to defining a more informed cognitive and normative framework, capable of supporting policies that respect fundamental rights and are sensitive to the complexity of Muslim worlds in Italy.
