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No Sharīʿa in the Land of Sharīʿa

  • Federico Lorenzo Ramaioli

摘要

In this chapter, I analyze the interaction between the Western and the Islamic legal perspectives based on a first constitutional model, and assuming as examples Morocco and Turkey. The countries adopting this model are characterized by a Charter in which sharı̄ʿa is not present. Therefore, the Muslim heritage comes to be part of the juridical vision of these countries in different ways; for instance, maintaining Islamic elements simply as substantive inspiration for legal norms, but not as a philosophical way of understanding the juridical phenomenon.