ABSTRACT

This chapter explains the analysis of the Islamic law. Shara is often defined as a monolithic set of particular norms and rules. In reality, Islamic law is a complete system of law that, in a well-defined historical age, enjoyed an autonomous existence. It has its own sources, clear rules and hermeneutical methods to define unclear norms related to those aspects of human life on which the Quran and the Sunna are silent. The process of legal acculturation resulting from the contact of the Islamic world with Europe made it possible that, since the nineteenth century, the Islamic system of law was thrown into crisis, losing some of its intrinsic qualities. The reasoning of the Supreme Constitutional Court (SCC), contained in the reported rulings, demonstrates that the court, when it has to decide about a matter linked to religion, draws on Shara and takes into account immutable and changeable principles, and the whole spirit of Islamic law.