Islam, Costituzione, diritti umani. Il peso della sharia sugli ordinamenti costituzionali

The thesis analyzes the peculiarities that characterize the phenomenon of the relationship between constitutionalism, human rights and Islam, mainly within the Islamic world, with a historical evolution of legal, constitutional and political thought. There is particular attention to some Islamic models, characterized by a coexistence between Islamic and democratic principles. The aim of this study is to evaluate the legal duality of Islamic contemporary model, between democratic principles and divine law and the compatibility of Islam with constitutionalism and modernity. The issue is analyzed with particularly in regard to the exercise of power as well as the recognition and protection of rights. The knowledge of a legal system and the issues and specificities that characterize it is the main way to start a future dialogue between cultures, such as to identify the way for the convergence of the models, which, in this case, it is argued through an approach due to constitutional relativism, able to ensure the protection of pluralism, human rights and equality of the individual, without sacrificing the ethical and religious reference of Islamic law, of course within the limits of what can be the Islamic view of the public law.