Islam in the Diaspora, balancing Cultural Characteristics, Religious Beliefs and Criminal Activity (The case of Italy)

The purpose of this study is to revitalizes the debate around theplural structure of Western societies and what cultural traits andreligious dimensions mean. Starting from some news reported bythe Italian media often with misleading headlines, the article analyzethe processes of inclusion of Islam in European legal systems, witha particular focus on the relationship between the religious factorand the criminal sphere. Cyclically the Italian media, in reportingsome news stories, associate crimes with the religious affiliation oftheir perpetrators, polarizing attention on Islam rather than on thecriminal. The research method used is qualitative, based on mediaand library research, with a jurisprudence analysis and a legalapproach as an analytical tool to investigate the stated problems.Although in Italy the relationship between the religious factor andcriminal law certainly shows a concrete and tangible interest, despitethe lack of a dedicated constitutional model as well as a current andspecific law on religious freedom. However, doctrinal discussionsdo not always correctly emphasize the difference between behaviorsguided by cultural heritages and those imposed by religious beliefs.The results of this study indicate that, if on the one hand there is atangible religious illiteracy, internal and external to the Muslimcommunities living in the diaspora, on the other hand the culturalsphere must be distinguished from the religious one, and ahermeneutic paradigm exercised by suitable and accredited subjects is needed. In fact, the appropriate hermeneutic coordinates areneeded both on the legal and on the religious level to live Islamcorrectly as migrants residing in the diaspora or as Muslims withcitizenship. In conclusion, the topic is essential, due to the gap inthe research, which often confuses the cultural level with thereligious one, and the aim is to clarify the point and provide a newparadigm.In this way discrimination is avoided and Italian judgesand legislators will be able to have a more informed and thereforemore sensitive approach towards religious minorities in Italy.