Costantino Paonessa
Pages 14-28
DOI: 10.5840/cultura2008522


The Islamic contestation of the last twenty years has in many aspects called into question the legitimacy of current juridical systems of supposedly Muslim Countries. Their adoption of another rationality of the law is today a well affirmed process but has left many consequences. In the article we will try to explain in which way the šarî’a, being a religious law, is completely controlled by the usage given to it by the State through the supremacy of the Constitution, its means, institutions and actors. It is therefore a question of the level of its integration into « the law » of various countries with the emphasis on the necessity of change of perspective, where the “secularisation of Islamic law” should rather be regarded as “islamisation of the Positive law”, at least when referring to Family law and, above all, when dealing with specific political conditions.