The effective use of Islamically determined norms during the West regions tends to result in profoundly polarized societal discourses centering on cultural conflicts about the brand new problematization off Muslim female since the victimized weaker family. Alternatively, in the Italy, the brand new implementation of international shari?ah-driven guidelines stimulated arguments you to ignited discriminatory narratives towards the detriment of Italian nationals prepared to follow the fresh track of a primary split up however, being legitimately impeded to do so.

Regarding transnational parents, upcoming, the brand new Italian judiciary proves to help with new utilization of the newest overseas spouses’ national legislation

‘[i]f you’re a foreigner or have a foreign spouse; or if you and you can/otherwise your spouse reside overseas otherwise keeps was able your house abroad; or if you is a resident regarding a foreign nation in which instant divorce or separation are legitimate, in most such circumstances of Home Page course your agree with the almost every other spouse you might prevent the 6 months (at the very least) off [legal] breakup. If you possess the “misfortune” of being just Italian -dura lex, sed lex- there will be no judge that are in a position to help your by the releasing you from the duty to go to towards the period of [legal] separation ahead of divorcing’. 169

Discrimination are for this reason increased perhaps not regarding using foreign shari?ah-certified statutes during the residential courts, but instead from the simple fact that foreign people will benefit of even more splitting up selection in comparison to Italian nationals. (more…)