Multiculturalismo: un’indagine comparatistica

The increase of migratory fluxes coming from Asia and Africa has resulted in the consolidation of new ethnic minorities in Europe in the last four decades. European countries have become polyethnic states where their own norms and values coexist with the ones of minor communities. Nevertheless, the accommodation of cultural differences may be incompatible with the traditional values of Western societies, especially in the area of family law. Particularly, this thesis focuses on the three foundations of the Islamic Family Law which have encountered severe difficulties of application in Europe, especially in the Italian, French and British Legal Systems. This essay examines how the kafala, or Islamic adoption, the polygamy and the talaq, or Islamic divorce, are regarded by the legal systems of the European States, through a comparative approach and through an analysis of case-law. The aim of this thesis is twofold: first to illustrate the scope of application of Islamic family law in these European States and the problems arising therefrom; and second, to seek ways of reconciling respect for cultural diversity and the protection of human rights.