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Journal articles on the topic 'Moroccan family law'

Author: Grafiati

Published: 9 July 2022

Last updated: 31 July 2025

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1

Sportel, I. "‘Als het hier niet lukt, dan maar in Marokko?’." Justitiële verkenningen 37, no. 6 (2011): 85–95. https://doi.org/10.5553/jv/016758502011037006007.

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‘If not here, then in Morocco?’ Forms of capital in transnational Dutch-Moroccan divorces During a transnational divorce, spouses can get into contact with two different legal systems, each with its own procedures, courts and documents. This article focuses on transnational divorces between the Netherlands and Morocco. In these divorces Moroccan and Dutch family law interact in several ways. First of all, as determined by Dutch Private International Law, Moroccan family law can be applied in the Netherlands, by Dutch judges. Especially with regard to the division of property, the Dutch and Mor

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2

Fakhria, Sheila, and Siti Marpuah. "A Discourse of Mudawanah al-Usrah; Guaranteeing Women's Rights in Family Law Morocco's." Tribakti: Jurnal Pemikiran Keislaman 33, no. 2 (2022): 309–24. http://dx.doi.org/10.33367/tribakti.v33i2.2640.

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Moroccan family code reform (mudawanah al-usrah) passed in 2004 after a long and dramatic process promoted by Moroccan women against retreating Islamists and male domination. This paper reviews Muslim family law (mudawanah al-usrah) in Marocco. Based on a literature research method that uses a normative juridical approach with a statutory approach, this paper aims to discuss the challenges and opportunities in guaranteeing women's rights in Moroccan family law. The study indicates that mudawanah al-usrah is a meeting point between Islamic rules and international conventions, providing a new id

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3

Umam, Ijtihadul, and Luq Yana Chaerunnisa. "GENDER EQUALITY IN FAMILY LAW IN MOROCCO." Al-Mabsut : Jurnal Studi Islam dan Sosial 17, no. 1 (2023): 15–29. http://dx.doi.org/10.56997/almabsutjurnalstudiislamdansosial.v17i1.875.

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The rise of gender issues that have developed in Morocco has resulted in inequality which has given rise to injustice in women, in the form of marginalization, subordination and violence that occurs in the family. It is important to voice reform of legal regulations which are considered to be gender biased. This study aims to explain family law reform in Morocco and the value of gender equality in Moroccan family law. This type of research is descriptive qualitative analytic. Data was collected through literature including books, articles, institutional reports, both written and digital source

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4

Nasiri, Nasiri. "Marriage in Morocco: A Practices of The Mudawwanatul Usrah Law in The Land of Guardians." International Journal of Islamic Thought and Humanities 1, no. 1 (2022): 27–39. http://dx.doi.org/10.54298/ijith.v1i1.13.

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Morocco is a country that has combined the opinions of several schools in achieving the information contained in Islamic law that exists in the country of Morocco from some of the issues that were reformed in the Family Law (2004) in Morocco, as has already existed in other Islamic countries. Regulations related to marriage are almost the same as Indonesia, it could be due to the Compilation of Islamic Law (KHI) in Indonesia reflecting on Mudawwanat al-Usrah in Morocco or it can also be influenced by the Moroccan community with Indonesian society equally winged Ahl al-Sunnah wa al-Jama'ah (ASW

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Hablatou, Widad. "TRAITEMENT PENAL DE LABANDON DE FAMILLE EN DROIT MAROCAIN PENAL TREATMENT OF FAMILY ABANDONMENT IN MOROCCAN LAW." International Journal of Advanced Research 10, no. 01 (2022): 1062–68. http://dx.doi.org/10.21474/ijar01/14145.

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It is true that the study of family relations falls under civil law and family law, but the Moroccan legislator gives paramount importance to the protection of the family unit and the institution of marriage. For this reason, he conferred the treatment of family abandonment to criminal law. Penalties are thereforeprovided for the spousewho voluntarily abandons the matrimonial home if the constituent elements of this act are met. This article aims to elucidate the specificity of the penal treatment of this offense in Moroccan law and to understand the spirit of the legislator as to the parties

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Huda, Ade Risfal, and Ahmad Rezy Meidina. "Kodifikasi dan Reformasi Hukum Keluarga di Maroko." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 5, no. 3 (2023): 996–1009. http://dx.doi.org/10.47467/as.v5i3.3799.

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 The Moroccan Constitution has declared itself a sovereign Muslim state with Islam as a religious State, but guarantees freedom of thought, opinion and belief as a fundamental feature of Sunni Maliki Muslims. Morocco is a country in Africa where the majority of the population is Muslim. Family law in Morocco established a new legal codification in 2004, which became known as Mudawwwanah al-Ahwal al-Sykahsiyyah al-Jadidah. This law is a revision of the existing law. The law consists of 400 articles, there is an additional 100 articles. Morocco is a country that has taken opinions from var

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7

Daud, Fathonah K., and Nurrohman Syarif. "HAK CERAI PEREMPUAN DALAM HUKUM KELUARGA ISLAM MAROKO." Al-Ahwal: Jurnal Hukum Keluarga Islam 14, no. 2 (2021): 159. http://dx.doi.org/10.14421/ahwal.2021.14204.

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This paper examines the women’s right to divorce under Moroccan Islamic family law. This article relies on a statutory approach, accompanied by interviews. Most of the data were taken from Moroccan regulations on marriage. The data were also collected from books and journals on women and divorce in Moroccan Law. Additionally, interviews are conducted to enrich information. The result of this study shows that Morocco recognizes the right of woman to divorce (her husband) in two terms: tatliq li al-syiqaq and khulu'. Of these two rights, Moroccan women share an equal position with men in the cha

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8

Ridwan, Muannif, Ahmad Syukri Saleh, and Abdul Ghaffar. "Islamic Law In Morocco: Study on The Government System and The Development of Islamic Law." ARRUS Journal of Social Sciences and Humanities 1, no. 1 (2021): 13–22. http://dx.doi.org/10.35877/soshum539.

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This study discusses Islamic law in Morocco. The author focuses on the study of the government system and the development of Islamic law there. This study used descriptive qualitative method or so-called literature study /library research. Literature study examines data by exploring, observing, examining, and identifying existing knowledge in the literature to get a conclusion of truth, both philosophical and empirical. This study concludes that Morocco is a Muslim country, the population is more than 98% embraced Islam, the system of government is a democratic, social and constitutional monar

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9

Foblets, Marie-Claire. "Migrant Women Caught between Islamic Family Law and Women's Rights. The Search for the Appropriate ‘Connecting Factor’ in International Family Law." Maastricht Journal of European and Comparative Law 7, no. 1 (2000): 11–34. http://dx.doi.org/10.1177/1023263x0000700102.

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In recent decades ‘conflicts justice’ in the realm of international family law has undoubtedly gained momentum in most European immigration countries. This is largely due to an increase in the number of cases relating to family disputes among migrants submitted to the courts. In the first part of this contribution (§ 2: ‘The legal techniques at hand. The dramatic lack of adaptation of century-old techniques’) I briefly describe how ‘conflicts justice,’ in the domain of cross-cultural family relations, is facing the impact of an unprecedented cross-boundary mobility of people from all over the

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10

Sportel, Iris. "Moroccan Family Law: Discussions and Responses from the Netherlands." Journal of Muslim Minority Affairs 40, no. 1 (2020): 67–83. http://dx.doi.org/10.1080/13602004.2020.1741167.

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11

Nössing, Elisabeth. "Divorce on grounds of discord: Did the Moroccan family law reform bring the guarantee of divorce for women? An ethnographic perspective on the changing landscape of divorce. The Mudawwana a decade on." Asiatische Studien - Études Asiatiques 74, no. 1 (2020): 35–65. http://dx.doi.org/10.1515/asia-2019-0025.

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AbstractThis article discusses the new divorce on grounds of discord procedure (taṭlīq li-š-šiqāq) within the context of the Moroccan family law reform of 2004. Literature available in English and French has, so far, focused primarily on the improvements the Moroccan family law reform has brought in regard to women’s rights. The reform is considered one of the most progressive legislative projects in the MENA region and a milestone for gender equality, notably the reform of divorce law. Divorce on grounds of discord was seen as the long-awaited divorce guarantee for women. However, legal schol

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Charrad, Mounira M., and Rita Stephan. "The “Power of Presence”: Professional Women Leaders and Family Law Reform in Morocco." Social Politics: International Studies in Gender, State & Society 27, no. 2 (2019): 337–60. http://dx.doi.org/10.1093/sp/jxz013.

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Abstract The 2004 reforms of Islamic family law in Morocco brought about a long-awaited expansion of women’s rights. The Moroccan women’s movement was a key player in the promulgation of the reforms. We highlight the role of professional women leaders in the movement and show how they developed political capital and the “power of presence” by combining (i) professional attainment, (ii) leadership in women’s organizations, and (iii) active participation or positions in politics and civil society. We suggest that more needs to be understood about the implications of women’s education and profess

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13

Ozdemir, Selman Zahid. "Islamic Family Law in Morocco: Historical Developments and Reforms." Ilahiyat Studies 16, no. 1 (2025): 107–22. https://doi.org/10.12730/is.1585555.

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This research examines the historical trajectory and codification of Islamic family law in Morocco and analyses its transformation from indigenous and Islamic customs to a formalized legal framework shaped by colonial and postcolonial reforms. Moroccan family law was initially rooted in local customs and Mālikī fiqh. During the French protectorate (1912-1956), colonial authorities restricted Sharīʿah courts, prompting nationalist resistance that ultimately led to Morocco’s independence and calls for legal reform. After Morocco gained independence, the first codified Islamic family law, Mudawwa

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14

Maddy-Weitzman, Bruce. "Women, Islam, and the Moroccan State: The Struggle over the Personal Status Law." Middle East Journal 59, no. 3 (2005): 393–410. http://dx.doi.org/10.3751/59.3.13.

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Since 1991, the status of women in Morocco has been the subject of widespread debate. Efforts by women's groups and liberal political forces to change the Shari'a-based Personal Status Code (moudawwana), were vigorously opposed by conservative and Islamist forces. For both sides, the issue was central to their overall orientations towards “tradition” and “modernity”. King Muhammad VI ultimately tipped the balance in favor of change. The resulting new Family Law may well mark a milestone in Moroccan society's evolution.

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15

Aissaoui, Karima Nour. "The Current Debate on the Moroccan Family Code "Mudawwanat Al-'Ussra"." Ijtihad Journal for Islamic and Arabic Studies 1, no. 1 (2024): 195–209. https://doi.org/10.5281/zenodo.12627776.

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ABSTRACTThe Moudawana (Moroccan Family Code) went into effect in February 2004. Twenty years after its implementation, this legislation has drawn increasing criticism from civil society, including feminist movements and, human rights associations. The urgency to reform the “Moudawana” and correct its shortcomings is beginning to be felt. However, the sensitive nature of this contentious subject entails a need for consensus among various components of society. This article will consider the current discussions surrounding the “Moudawana”, detailing, the most significant

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Ali Trigiyatno, Siti Qomariyah, Eko Yuni Aryanto, Salafudin Yusuf, and Amat Sulaiman. "Pergeseran Hukum Keluarga di Maroko dari Mudawwanah Tahun 1957-1958 ke Mudawwanah Tahun 2004." Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam 25, no. 2 (2022): 233–47. http://dx.doi.org/10.15642/alqanun.2022.25.2.233-247.

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A law being reviewed and amended would not be a strange phenomenon. In Morocco, family law has been changed from the old Mudawwanah to the new Mudawwanah. Even though they belong to the Maliki school of thought, Morocco still wants to take from other schools that they feel are more substantial and beneficial. This article intends to explain the shift in family law provisions in Morocco from the old Mudawwanah, ratified in 1957-58, to the new Mudawwanah, approved in 2004. Despite opposition from various groups, the Mudawwanah al-Usrah in 2004 was successfully ratified and enforced for Moroccan

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17

Guelida, Badr, Ouidad el Aydouni, and Zoubida Ziani. "THE MOROCCAN WAQF AND THE COMMON-LAW TRUST: A COMPARATIVE STUDY." UUM Journal of Legal Studies 13, No.1 (2022): 283–309. http://dx.doi.org/10.32890/uumjls2022.13.1.12.

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Etymologically, the term trust originates from Latin; it means “care”. Charitable trusts and waqfs are methods of facilitating the intergenerational management of family wealth. Both are thought of as estate-planning vehicles, ensuring that assets of the testate go to certain individuals or organizations. However, whereas the trust has expanded its scope to cover the economic field, the waqf in Morocco is still considered a religious exercise. While there are shared features between the Moroccan waqf and the trust, they are conceptually and practically different in many aspects, most important

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18

Sadiqi, Fatima. "The Central Role of the Family Law in the Moroccan Feminist Movement." British Journal of Middle Eastern Studies 35, no. 3 (2008): 325–37. http://dx.doi.org/10.1080/13530190802525098.

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19

Haddad, Abderrahmane. "Child Marriage in Morocco: Laws, Rights and Society, Who Against Whom?" International Journal of Children’s Rights 32, no. 4 (2024): 895–909. https://doi.org/10.1163/15718182-32040002.

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Abstract The marriage of minors, especially girls, is an alarming social phenomenon in Morocco. Despite legislative reforms setting the marriageable age at 18, child marriage persists in Morocco, taking advantage of an exception provided for in current legislation allowing family judges to authorise such unions on an exceptional basis. The exception has become the rule, and the judicial practice is rather lax when it comes to dealing with this issue, and is far from protecting children’s rights. But it seems that this laxity is merely a reflection of a societal position that is still conservat

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20

Buskens, Léon. "RECENT DEBATES ON FAMILY LAW REFORM IN MOROCCO: ISLAMIC LAW AS POLITICS IN AN EMERGING PUBLIC SPHERE." Islamic Law and Society 10, no. 1 (2003): 70–131. http://dx.doi.org/10.1163/15685190360560924.

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AbstractIn 1957-1958 Moroccan family law was codified in the Mudawwana, a text known for its close adherence to the classical Maliki tradition. Since the early 1980s the debate about reform has become more intense and widespread. The relatively limited reform of the Mudawwana in 1993 was closely linked to the beginnings of a process of cautious democratization. Since then the discussions have become more vehement, especially since the coming to power of a new government in 1998 consisting of former opposition parties. A year later this government presented a plan for extensive family law refor

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21

Booley, Ashraf. "THE RIGHTS AND FREEDOMS OF MOROCCAN WOMEN: HAS THE 2004 REFORMS BENEFITED MOROCCAN WOMEN?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (August 25, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a824.

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Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred to as the mudawana) which affected only the Muslim population. This type of family law was drawn mostly from Islamic doctrines with little or no participation of women. The mudawana has been criticised by many as being one-side and feminist groups have made numerous calls for a reformed mudawana that addressed the plight of women and to improve their status within the wider co

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22

Engelcke, Dörthe. "Interpreting the 2004 Moroccan Family Law: Street-Level Bureaucrats, Women's Groups, and the Preservation of Multiple Normativities." Law & Social Inquiry 43, no. 04 (2018): 1514–41. http://dx.doi.org/10.1111/lsi.12315.

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A decade after celebrating Morocco's 2004 family law as a social revolution, women's groups became dismayed by the persistence of minor marriage, polygyny, and marriage guardianship. Conventional explanations for why statutory law reform often fails to produce intended outcomes depart from the concept of the homogeneous state, pointing to insufficient enforcement mechanisms and cultural resistance to the new law within society. Arguing against this conceptualization, this article adopts the state-in-society approach. It compares how two types of street-level bureaucrats and secular and Islamis

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Idrissi, Amal. "Religious Conscience or Religious Freedom? The Difference between Official Constitutional Norms and Actual Legal Restrictions in Morocco, Algeria, and Tunisia." Religion & Human Rights 16, no. 2-3 (2021): 117–42. http://dx.doi.org/10.1163/18710328-bja10018.

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Abstract This paper will consider the extent to which two competing norms—freedom of religion, on the one hand, and Islam as the religion of the state, on the other—are in tension with each other as seen through the lens of three Muslim-majority countries in the Maghreb. I examine this potential tension in four steps: first, the transformation of meaning of the Arabic word “hurriyya” (freedom) during and after the 19th century; second, the articulation of Islam as the religion of the state in the constitutions of Morocco, Algeria, and Tunisia; third, the articulation of freedom of religion (wh

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El Ouazzani Chahdi, Salma. "La sentencia del Tribunal de Primera Instancia de Tánger (Marruecos) de 30 de enero 2017 sobre filiación extramatrimonial: ¿afirmación de la tradición o un paso hacia la innovación? = The decision of the Court of First Instance of Tangier (Morocco) of January 30, 2017 about extramarital filiation: affirmation of tradition or a step towards innovation?" CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (2019): 592. http://dx.doi.org/10.20318/cdt.2019.4979.

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Resumen: En Derecho marroquí, la prueba de ADN está limitada al reconocimiento de la paternidad dentro del marco matrimonial, con lo cual la filiación extramatrimonial no puede producir ninguno de los efectos legales entre padre e hijo. El Tribunal de Primera Instancia de Tánger (Marruecos) ha roto con una tradición jurisprudencial muy arraigada al reconocer la paternidad de una niña a través de la prueba biológica. Tal decisión fue rechazada en segundo grado. Ello, se encuentra incompatible con la realidad social marroquí, viola los principios fundamentales de la Constitución y las disposicio

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Houssam, Touria, and Fouzia Lamkhanter. "Moroccan Traditional Songs Based on Stereotypes of Mothers in Law and Daughters in Law and Their Impact on Family Life." Sociology and Anthropology 4, no. 3 (2016): 192–97. http://dx.doi.org/10.13189/sa.2016.040307.

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Moghadam, Valentine, and Elham Gheytanchi. "Political Opportunities and Strategic Choices: Comparing Feminist Campaigns in Morocco and Iran." Mobilization: An International Quarterly 15, no. 3 (2010): 267–88. http://dx.doi.org/10.17813/maiq.15.3.n248564371645v14.

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How do women's rights activists mobilize in nondemocratic and culturally conservative contexts? Why do some women's movements succeed in securing the policy outcomes they seek while others fail to realize their objectives? Comparing two recent cases of feminist activism in the Middle East/North Africa region—the Moroccan and Iranian campaigns for family law reform—the article demonstrates the way that political opportunity structures shape the strategic options available to activists and influence movement frames. While a political opening is conducive to movement growth and success, including

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Aixelà Cabré, Yolanda. "The Mudawwana and Koranic Law from a Gender Perspective. The Substantial Changes in the Moroccan Family Code of 2004." Language and Intercultural Communication 7, no. 2 (2007): 133–43. http://dx.doi.org/10.2167/laic269.0.

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28

Cervilla Garzón, María Dolores. "La aplicabilidad de las normas del Código de Familia marroquí (la Mudawana) que regulan el divorcio en España: el filtro constitucional = The rules’ apliccation of the Moroccan Family Code (Mudawana) regulating about the divorce in Spain: the constitutional filter." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (2018): 144. http://dx.doi.org/10.20318/cdt.2018.4119.

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Resumen: En este trabajo se analiza las normas del Código de Familia de Marruecos que regulan la disolución del matrimonio y sus efectos, desde la óptica del orden público español. La finalidad es establecer su aplicabilidad por los Tribunales españoles para atender las demandas que en este sentido se formulan por los inmigrantes marroquíes que residen en nuestro país. Para ello se parte de un concepto estricto de orden público y del respeto a la multicultularidad como factor de integración en las sociedades europeas. El estudio se completa con un examen crítico de las resoluciones judiciales

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Guessous, Nouzha. "Women’s rights in Muslim societies." Philosophy & Social Criticism 38, no. 4-5 (2012): 525–33. http://dx.doi.org/10.1177/0191453712448000.

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Major changes have taken place in Muslim societies in general during the last decades. Traditional family and social organizational structures have come into conflict with the perceptions and needs of development and modern state-building. Moreover, the international context of globalization, as well as changes in intercommunity relations through immigration, have also deeply affected social and cultural mutations by facilitating contact between different cultures and civilizations. Of the dilemmas arising from these changes, those concerning women’s and men’s roles were the most conflictive i

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Haliwa, Pinhas. "Laws of Succession Ordinances by the Religious Leadership of Sephardi and Moroccan Jewish Communities and Their Economic, Social and Gender Implications." Religions 14, no. 7 (2023): 819. http://dx.doi.org/10.3390/rel14070819.

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This paper discusses the innovativeness of the Inheritance Ordinance introduced in Toledo during the 12th century and later reintroduced in Fez in Morocco following the expulsion of Jewish communities from Spain and Portugal. Community leaders in Toledo, and after the expulsion also in Fes, transformed the laws of succession established in biblical times by granting women equal rights on matters of inheritance by marriage. The ordinance also granted unmarried daughters the right to inherit alongside their brothers despite the fact that, according to biblical law, daughters do not inherit when

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AIT, HBIBI Amina, and Samir MAKHROUT. "The pertinence of the financial instruments introduced for the financing of Moroccan companies." African Scientific Journal VOL 3, N°17 (2023): 521. https://doi.org/10.5281/zenodo.7944404.

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<strong>Résumé </strong> Dans l’objectif d’améliorer le financement des entreprises marocaines, les autorités de tutelle, vers la fin des années 1990, ont mis en place de nouveaux instruments financiers. Il s’agit des instruments énumérés dans la loi 17-95 notamment les obligations convertibles en actions, les obligations remboursables en actions, les actions à droit de vote double, les actions à dividendes prioritaires sans droit de vote, des certificats d’investissement et des certificats de droit d

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Wahyudani, Zulham, Jefry Tarantang, Nurrohman Nurrohman, and Tatang Astarudin. "Family Law Reform in Morocco." Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan 10, no. 1 (2023): 51–64. http://dx.doi.org/10.32505/qadha.v10i1.5866.

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The research on family law reform in Morocco aims to analyze the changes in family law in Morocco after the reform in 2004. The study discusses child marriage and the impact of the reforms on society, particularly in relation to gender equality and legal protection for women and children. This research is normative-explanatory and explains family law reform in Morocco by using a literature review to analyze policies. The results show that family law reform in Morocco has improved gender equality and provided better legal protection for women and children. However, there are still some challeng

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Dr., Najib Slimani. "A Lowdown on Gender-Lag in the Moroccan Society: The Road Ahead." International Journal of Social Science And Human Research 06, no. 04 (2023): 2006–11. https://doi.org/10.5281/zenodo.7797067.

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Women’s social and political rights have invariably been a focal point of discussion and debate in academic and political encounters. Currently, the issue of women’s rights, far from being a third-rail issue, is an extremely contested, top-agenda matter both within and across countries. Focusing on Morocco, women continue to be marginalized in many facets of society despite the efforts that have been made so far. The slow-paced involvement of women in political life remains an issue that tarnishes the kingdom’s proclaimed ambition to be a haven for gender equity. In spite of

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Clark, Janine A., and Amy E. Young. "Islamism and Family Law Reform in Morocco and Jordan." Mediterranean Politics 13, no. 3 (2008): 333–52. http://dx.doi.org/10.1080/13629390802386663.

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Ezzerouali, Souad, Mashsaalah Alzawe, Muwaffiq Jufri, and Abdelrazek Wahba Sayed. "Legal Protection for Children Without Family Care." Justicia Islamica 22, no. 1 (2025): 93–114. https://doi.org/10.21154/justicia.v22i1.10750.

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This study aims to examine how Omani law protects vulnerable children without family care through foster care arrangements. In addition to assessing the effectiveness of this protection, the study also compares Oman's approach with that of Morocco and the United Arab Emirates, as well as the principles of Islamic Sharia law. Using a descriptive and comparative methodology, this article analyzes the legal conditions for foster care duties and monitoring procedures in Oman. It highlights strengths in the existing legal framework, but also reveals shortcomings in implementation and oversight. Lea

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N’Diaye, Marième. "La réforme de la Moudawana." Studies in Religion/Sciences Religieuses 45, no. 2 (2016): 146–65. http://dx.doi.org/10.1177/0008429816636082.

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In Morocco, the New Family Law (2004) has introduced provisions in order to strengthen women’s rights and sexual equality. These reforms were made possible by a redefinition of the content and position of Islamic Law within the hierarchy of norms. Legitimated by the intervention of the King/Commander of the Faithful, the New Family Law has, however, so far had a limited impact due to a conservative case law and a lack of appropriation by the litigants.

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Tagari, Hadas. "Personal family law systems – a comparative and international human rights analysis." International Journal of Law in Context 8, no. 2 (2012): 231–52. http://dx.doi.org/10.1017/s1744552312000067.

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AbstractThis article analyses the structures and substances of personal systems of family law based on religious affiliation within their social, political and historical contexts, and explores the varied ways in which they implicate the human rights of those governed by these systems, and the way international law and jurisprudence of human rights respond to these challenges. This analysis suggests that looking at the specific manifestations of personal family law systems in concrete contexts illuminates significant human rights implications which have not received sufficient attention in mai

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Brilliant, Inda, Dzulfikar Rodafi, and Shofiatul Jannah. "Islamic Legal Communication In The Determination Of Wali Adhal: A Comparative Study Of Indonesia And Morocco." INJECT (Interdisciplinary Journal of Communication) 10, no. 1 (2025): 255–76. https://doi.org/10.18326/inject.v10i1.4442.

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This study analyzes how Islamic legal communication is applied in the determination of wali adhal in Indonesia and Morocco using a comparative case study approach. The goal is to understand the implementation of maqasid al-sharia in both legal systems, especially regarding women's rights in marriage. Data was collected through case analysis, official documents, and interviews with religious court judges. The results show that Indonesia resolves the case of guardian rejection through the appointment of a guardian judge, which illustrates a reactive yet adaptive ijtihad-based legal response. In

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Wahib, Ahmad Bunyan. "Reformasi hukum keluarga di dunia Muslim." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 14, no. 1 (2014): 1. http://dx.doi.org/10.18326/ijtihad.v14i1.1-19.

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This article discusses about the history and the development of family law reform in Muslim countries.This work has taken a lot benefits from Anderson’s works on Islamic law in the Muslim world for bothdata and perspective. Islamic family law reform started from the second decade of twentieth century(1915) with the issuance of two Ottoman Caliph decrees on wife rights to ask religious court to divorcethem from their husband. This reform was followed by Sudan (starting from 1916), Egypt (1920),Jordan (1951), Syria (1953), Tunisia (1956/1959), Morocco (1958), Iraq (1959), Pakistan (1961) and Ira

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Günther, Ursula, Martin Herzog, and Stephanie Müssig. "ResearchingMahrin Germany: A Multidisciplinary Approach." Review of Middle East Studies 49, no. 1 (2015): 23–37. http://dx.doi.org/10.1017/rms.2015.64.

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AbstractThis article considers the legal institution ofmahrin Islamic family law from three research perspectives in order to provide insights into the phenomenon's complexity, particularly with regard to current legal practices. In particular, emphasis is placed both on countries where family law is shaped by Islamic traditions (e.g., Morocco) and on countries whose legal traditions do not have a mahr counterpart (e.g., Germany). First, the social and economic function of dower will be described. As a special form of property transfer, mahr will be analyzed in its historical and present shape

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Bargach, Jamila. "An Ambiguous Discourse of Rights: the 2004 Family Law Reform in Morocco." Hawwa 3, no. 2 (2005): 245–66. http://dx.doi.org/10.1163/1569208054739056.

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AbstractThe daring reforms of the 2004 family law in Morocco were heralded as a watershed in the contemporary status of gender relations. Making the institution of the tutor optional, raising the age of marriage to be equal between men and women and granting rights of custody to the mother in cases of divorce or re-marriage were seen as valorizing to women. However, and despite this progressive thrust, there remain some murky areas pertaining to the question of birth outside wedlock. This article weaves its argument around the structural impossibility of establishing legal rights to unmarried

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Dupret, Baudouin, Adil Bouhya, Monika Lindbekk, and Ayang Utriza Yakin. "Filling Gaps in Legislation: The Use of Fiqh by Contemporary Courts in Morocco, Egypt, and Indonesia." Islamic Law and Society 26, no. 4 (2019): 405–36. http://dx.doi.org/10.1163/15685195-00264p03.

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AbstractIn most Muslim-majority countries, the legislators who drafted family law codes sought to produce a codified version of one of the many Islamic fiqh schools. Such is the case, from West to East, for Morocco, Egypt, and Indonesia. There are situations, however, in which the law remains silent. In such cases, judges must turn to fiqh in order to find appropriate provisions. It is up to judges to interpret the law and to locate the relevant rule. In this process, judges use new interpretive techniques and modes of reasoning. After addressing institutional and legal transformations in Moro

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Nur Fadhilah Novianti. "Ketentuan Usia Pernikahan di Afrika Utara (Mesir, Tunisia, Maroko, Aljazair, Libya)." BUSTANUL FUQAHA: Jurnal Bidang Hukum Islam 4, no. 3 (2023): 360–77. http://dx.doi.org/10.36701/bustanul.v4i3.1059.

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The North African region consists of countries where the majority of the population is Muslim, so family law provisions are regulated based on Islamic law by adopting or combining the views of certain schools of thought. One of the issues that is developing in the study of family law is the age of marriage. This research aims to explore the dynamics of the development of marriage age regulations in Muslim countries. This type of research is qualitative, with a normative approach, where the primary data source used, namely Family Law Laws in each country, is collected through library research o

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Admiral, Rosemary. "Living Islamic Law: Women and Legal Culture in Marinid Morocco." Islamic Law and Society 25, no. 3 (2018): 212–34. http://dx.doi.org/10.1163/15685195-00253p02.

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Historical studies of Islamic legal systems have focused primarily on courts and prominent muftīs. My research shifts the focus to the community level, with particular attention to women and their relationships with male family members, drawing on cases from Fez and its environs under the Marinid dynasty from the mid-seventh/thirteenth to the mid-ninth/fifteenth century. I argue that people actively engaged with Islamic law in their daily lives and relationships, and that women had access to informal legal spaces that allowed them to influence the legal process, making interpretive decisions o

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Sonneveld, Nadia. "Reforming Family Law: Social and Political Change in Jordan and Morocco. By Dörthe Engelcke." Journal of Church and State 63, no. 2 (2021): 332–34. http://dx.doi.org/10.1093/jcs/csab014.

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Prettitore, Paul Scott. "Family Law Reform, Gender Equality, and Underage Marriage: A view from Morocco and Jordan." Review of Faith & International Affairs 13, no. 3 (2015): 32–40. http://dx.doi.org/10.1080/15570274.2015.1075758.

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Huda, Miftahul. "Ragam Bangunan Perundang-Undangan Hukum Keluarga di Negera-Negara Muslim Modern: Kajian Tipologis." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (2018): 49–60. http://dx.doi.org/10.24090/mnh.v11i1.1267.

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The reality of the difference in applying Islamic law in the context of marriage law legislation in modern Muslim countries is undeniable. Tunisia and Turkey, for example, have practiced Islamic law of liberal nuance. Unlike the case with Saudi Arabia and the United Arab Emirates that still use the application of Islamic law as it is in their fiqh books. In between these two currents many countries are trying to apply the law in their own countries by trying to bridge the urgent new needs and local wisdom. This is widely embraced by modern Muslim countries in general. This paper reviews typolo

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Ambarayadi, Bian, and Andi Molawaliada Patodongi. "Poligami dalam Negara-Negara Islam." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 6, no. 2 (2024): 1764–83. http://dx.doi.org/10.47467/as.v6i2.6663.

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Polygamy is a problem faced by contemporary society that is considered discrimination against women. Since the beginning of the 20th century, there has been a phenomenon of family law reform in several countries where the majority of the population is Muslim. These countries have reformed Islamic law in family law, triggered by various factors, including political, socio-cultural, economic, and others. This renewal of Islamic law is a new interpretation, where some countries collaborate between Western legal rules and Islamic law. This research aims to study polygamy regulations in nine countr

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Bos, Gerrit. "Maimonides on the Preservation of Health." Journal of the Royal Asiatic Society 4, no. 2 (1994): 213–35. http://dx.doi.org/10.1017/s1356186300005459.

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It is well-known that Maimonides (1135–1204), one of the greatest philosophers and experts in Jewish law (Halakhah), was an eminent physician as well. He probably studied medicine during his sojourn in Fez (Morocco) between 1158 and 1165, after he and his family had fled from his native city Cordoba, because of the persecutions by the fanatical Muslim regime of the Almohades.

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Mahmud, Jihanu Rofifah. "Polygamy and Socioeconomic Factors in Islamic Family Law: Legal Interpretations and Social Outcomes." Journal of Islamic Family Law 1, no. 1 (2025): 1–8. https://doi.org/10.59784/jifl.v1i1.1.

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This research aims to explore how socioeconomic factors influence the interpretation and practice of polygamy within Islamic family law and examine the resulting social impacts on families and communities. Purposive sampling technique is used to select jurisdictions with varying socioeconomic contexts. Semi-structured interviews with religious scholars, legal experts, and affected individuals will provide qualitative insights into the lived experiences of those involved in polygamous marriages. Data analysis will be conducted using thematic analysis to identify recurring themes and patterns, f

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