“Secolarizzazione” e “desecolarizzazione” negli ordinamenti giuridici islamici

The risk of a re-islamization of the public spaces, that took place in some of the countries that have experienced the “Arab spring” has fueled old prejudices and, in particular, the idea that the close connection between religion, politics and law, that characterizes Islam, inevitably lead to a fundamentalist drift of the islamic legal systems. The reading we propose in this essay departs from this line of interpretation. Our hypothesis is that the arab-islamic world is searching a difficult balance between “secularization” and “desecularization”. Without doubt, from the point of view of western constitutionalism, the islamic solutions to the relationship between religion and the public sphere are distant from the idea that we have of democracy, human rights, equality . But besides the differences there are similarities that can facilitate the meeting between cultures; namely those who descend from the common divine origin of the various secular rights and from the common purpose of “salvation” of believers of the different religious rights.