Angelo Licastro

Dissolution of the marriage pronounced abroad and «public policy» clause: the Supreme Court denies the recognition in Italy of the Islamic repudiation

  • Abstract

Informations and abstract

Keywords: Talāq, Islamic divorce, Principle of fair process, Equality of sexes.

The present essay leads with the issue of recognizability in Italy of ṭalāq, the islamic unilateral divorce, also known as «repudiation» of wife by her husband. The Corte Suprema di Cassazione (Supreme Court of Cassation, Italy), in a recent decision, found that the unilateral repudiation is to be considered contrary to the principle of public policy of fair process and of the equality of sexes. However, according to the Author, the public policy clause cannot cause unfair solutions in concreto. For example, recognition of ṭalāq may not be refused, if it is the woman who applies for it.

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