Le Problematiche Socio-giuridiche Conesse All'immigrazione Islamica in Europa con Particolare Riguardo alla Situazione Italiana

This study deals with the migration flows from Islamic countries, or countries with large Islamic populations, to Europe. Particular attention is paid to the factors that explain these flows from the 1950s to the 1970s. After the restrictive policies or closure introduced in the 1970s, migration shows a clear trend towards permanent settling and takes on new and more defined characteristics. The social-juridical consequences related to these transformations are examined here. The second part of the study describes differences between the Italian and the more general European situation. Sizeable Islamic presence in Italy is a relatively new phenomenon, dating back largely to the 1980s. Unlike elsewhere in Europe, Islam has established itself very rapidly. The whole typology of Islamic institutionalized presence characteristic of other European countries is already visible. As elsewhere, the Islamic community—particularly through the action of the UCOII, the most representative umbrella organization—is trying to reach an intesa (agreement) with the government to obtain a status comparable with that of other religious minorities. However, as of this writing, the process has not yet officially begun. This can be ascribed in particular to the problem of determining which Islamic body should be taken as the legitimate representative of the Muslim communities. With reference to other juridical problems (mosques, ḥalāl food, cemeteries, ḥijāb, marriage, etc.) the paper defends the position that a sustainable immigration policy should be able to reflect the interests of both immigrants and native inhabitants. The most effective strategy, it would seem, can be worked out within a cross-cultural perspective that recognizes that confrontation and dialogue are possible, indeed necessary, among cultures sharing a common core of values and principles, that is to say, a common acceptance of universal human rights.