Nr. 1/2019ANDREA BORRONI La kafalah: uno studio di diritto comparato
Nr. 2/2014ANTONIO GUARINO Gianfranco Macrì, Marco Parisi, Valerio Tozzi, Diritto civile e religioni, Roma- Bari, Editori Laterza, 2013, pp. 308
RIASSUNTO
The paper aims at investigating, through a comparative view, the regulation of artistic and musical expressions within the prism of sharia law, with reference to the nature of these expressions and to the restrictions determined by the Quran text, first of all the prohibition of idolatry. Following a diachronic approach, this paper values how the ratio of regulating musical and artistic expression has constituted the historical result of the transition from the pre-Islamic era to the Sharia proclamation, with significant developments thanks to the contribution of prophetic tradition and the fatwa. In conclusion, it will be highlighted how, from an analysis of the sharia, emerges a marked dichotomy between scripturalism and modernistic vision, that leads at qualifying musical and artistic activity as haram only in light of other prohibitions, element that reveals the dynamic and evolutive component of the Islamic law.
PAROLE CHIAVE
Regulation of artistic and musical expression, sharia law, haram-halal activities