Nicola Fiorita

Religious courts and State law: a comparative analysis and some indications “pro futuroµ

  • Abstract

Informations and abstract

Keywords: Religious Courts, Arbitration, Family, Secularism, Islam.

In recent years, Muslim minorities in western societies asked for judicial autonomy. In particular, they demanded for the recognition and the enforcement at civil level of the decisions issued by religious courts. Some countries responded to these requests by trying to safeguard both religious identity in matters of private justice, the principle of equality and the unity of the national legal system. In any case, it is necessary to establish some minimum conditions for an opening towards confessional jurisdiction. For example, must be ensured the right of action and defense and must be excluded automatic recognition of religious orders by civil authorities. In any case, any openness to alternative forms of jurisdiction should always be carried out in compliance with the principle of equality of all confessions.

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