Journal articles: 'Moroccan family law'

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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 (January 31, 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 primarily concerned by the protection.

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Sportel, Iris. "Moroccan Family Law: Discussions and Responses from the Netherlands." Journal of Muslim Minority Affairs 40, no. 1 (January 2, 2020): 67–83. http://dx.doi.org/10.1080/13602004.2020.1741167.

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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 (March 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 world. This cross-border mobility has engendered a new type of social and cultural pluralism in most European host countries. In the second part (§ 3: ‘The case of Moroccan women claiming protection under Belgian secular law’) I illustrate the discussion on possible legal solutions for handling the ‘conflicts justice’ consequence of this cross-border mobility by referring to the very problematic position of Moroccan women who have immigrated to Belgium.

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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 (August 31, 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 monarchy that is based ongoverned by the 1972 constitution which was amended in 1980, 1992, and in September 1996. It has Mudawwana al-Usrah (2004) which is a contemporary family law in Morocco, family law which was originally still contained in fiqh books has become an implementing law. The legal system in Morocco is divided into two types of judiciary; Shari'a Court and Madaniyah Court (General Court). The existence of the renewal of private law (akhwal syakhsiyah) is guided by three principles, first, the principles and foundations of family law that are applied are the Maliki Mazhhab, second, paying attention to aspects of maslahah mursalah, third, the laws imposed in other Muslim countries The Moroccan government allows abortion for cases of rape and incest or incest or serious defects and incurable diseases of the fetus. last, Morocco is a country that allows polygamy. The issue of polygamy is regulated in the 1958 family law law Article 30 paragraph (1).

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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 (June 17, 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 professional attainment for legal change, especially in the Middle East.

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Maddy-Weitzman, Bruce. "Women, Islam, and the Moroccan State: The Struggle over the Personal Status Law." Middle East Journal 59, no. 3 (July 1, 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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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 (November 18, 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 scholars maintained that case law jeopardised the divorce guarantee. This legal-anthropological study is informed by fieldwork at the family court in Rabat, as well as official statistics, case law and the standard legal commentary. It aims to scrutinise how divorce on grounds of divorce is put into practice by the judiciary, how Moroccan men and women make use of it and how changes on a procedural and institutional level affect the implementation of the new divorce procedure. My empirical findings show that divorce on grounds of discord effectively guarantees Moroccan women’s right to divorce. Well beyond the discussion on women’s rights in divorce, I will demonstrate that, within a decade, divorce on grounds of discord developed into a standard divorce procedure for both men and women across socio-economical milieus and age groups.

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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 (January 31, 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 importantly in their perception of ownership and their contrasting stances regarding endowment duration. Despite the importance of the trust. The comparative legal methodology has been adopted to study the spirit of the different legal systems. The comparison has revealed the existence of undeniable similarities in terms of the management of endowments, yet the differences are numerous, especially with regard to ownership structure, juristic personality, and perpetuity rules, among others.

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

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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 reforms. The plan has provoked considerable public debate over key concepts such as democracy, development, human rights, civil society, and ijtihād. Upon closer inspection, larger issues are at stake: Who may speak out in public and participate in politics? This new turn in the discussions is related to the emergence of a public sphere.

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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 community. In 2004, the monarchy decided to reform the mudawana as a result of women’s groups pressuring the monarchy to do so. The 2004 reforms has the possibility of enhancing the rights of Moroccan women, for example, a wife is no longer legally obliged to obey her husband, contrary to a widely-held custom which regards obedience as an absolute duty of a Muslim wife, the minimum age for marriage for both parties eighteen years of age, including free and full consent. Polygyny has also been addressed. Although the 2004 version kept the concept of polygyny, there are severe restrictions to curtail this practice, for example, judicial authorisation is required as well as informing the current wife of the prospect. There are certain obstacles that seem to be hampering the full implementation of 2004 reforms which are discussed in this contribution.

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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 Islamist women's groups have engaged with the 2004 law. It finds that different groups have emphasized and rejected different categories and norms of the law. Street-level bureaucrats' interpretations have sometimes overlapped with those of civil society actors. The state is therefore not enforcing one normative order against cultural resistance from society; instead, different state actors are themselves actively involved in the production and preservation of multiple normativities.

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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 (November 12, 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 (whether freedom of worship or conscience) in the constitutional texts of these three countries, and finally, the question whether the laws and practices that implement these two constitutional norms are compatible or whether they in fact give priority to Islam as the state religion over the norm of freedom of religion. In Morocco, Algeria, and Tunisia, Islam plays an important role in the legal system, especially in family codes: the Moroccan Family Code (2004), the Algerian Family Code (2016), and the Tunisian Personal Status Code (1957). These are the remaining citadels most implicated with references to Islamic law, the interpretation of which has placed women in an unequal position.

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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 (October 1, 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 disposiciones de los convenios internacionales ratificados por Marruecos.Palabras clave: filiación extramatrimonial, prueba ADN, código de familia marroquí (CFM), constitución (CM), convenios internacionales.Abstract: In Moroccan law, DNA test is limited to the recognition of paternity within the matrimonial relationship, so that extramarital filiation cannot produce any of the legal effects between father and son. The Court of First Instance of Tangier (Morocco) has broken with a deep-rooted jurisprudential tradition by recognizing the paternity of the child through biological test. Such decision was rejected in the second degree. This is incompatible with the Moroccan social reality; it also violates the fundamental principles of the Constitution and the provisions of international conventions ratified by Morocco.Keywords: extramarital filiation, DNA test, Morrocan Family Code, constitution (CM), international conventions.

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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 (March 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 (September 1, 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 cooperation for legal and policy reform (Morocco), the closing of political space compels extrainstitutional feminist contention and transnational links (Iran). In examining the structure of political opportunity in addition to strategic choices, the paper addresses the interplay of structure and agency in mobilization processes and finds that—to paraphrase Marx—women and men make history, but not under conditions of their own choosing.

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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 (May 15, 2007): 133–43. http://dx.doi.org/10.2167/laic269.0.

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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 (March 8, 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 dictadas en este sentido.Palabras clave: repudio, divorcio, orden público, discriminación, dote, alimentos, pensión compensatoria.Abstract: This paper analyzes the rules of the Moroccan Family Code that regulate the dissolution of marriage and its effects, from the point of view of Spanish public order. The purpose is to establish its applicability by the Spanish Courts to meet the demands made in this regard by the Moroccan immigrants residing in our country. This is based on a strict concept of public order and respect for multiculturalism as a factor of integration in European societies. The study is supplemented by a critical examination of the cases law issued in this sense.Keywords: repudiation, divorce, public order, discrimination, dowry, alimony, spousal support.

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Guessous, Nouzha. "Women’s rights in Muslim societies." Philosophy & Social Criticism 38, no. 4-5 (May 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 issues because of different interpretations and evaluations of historical, religious and/or cultural heritages. In the case of Morocco, for over 30 years, women’s and human rights NGOs have acted and advocated to promote women’s rights. The main disputes have concerned the distinction between what is within the requirements of Islam and what is the consequence of traditional social beliefs and practices. This ended nevertheless with the adoption by the Parliament of a new Family Law proclaimed in February 2004. This law was the result of a process of consultation and national debate, which made possible substantial progress in terms of proclaimed values of equality of rights between men and women, with the support of most national political and social leaders. Several lessons can be learned from the Moroccan experience. The crucial role of civil society, the political support of the state at its highest level, the working methodology of the Royal Advisory Commission and the final process for the adoption of the new code were from the most determinant parameters. In light of recent developments in some majority-Muslim countries, the future of women’s rights is a key issue of the so-called Arab spring. Muslim women’s challenges and struggles are not only ideological and legal battles, but they are also social and political struggles for which one of the major conditions is to prevent and prohibit the use of Islam as a political instrument. Muslim societies need to educate people properly and change their traditional representations and patterns of thought. To promote justice, equity and equality in general, as well as to protect women’s economic rights, they need appropriate economic and social policies. Then women can really promote, protect and benefit from the advances of their legal status.

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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 (October 31, 2008): 333–52. http://dx.doi.org/10.1080/13629390802386663.

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N’Diaye, Marième. "La réforme de la Moudawana." Studies in Religion/Sciences Religieuses 45, no. 2 (April 26, 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 (April 30, 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 mainstream human rights discourse, for various legal, cultural and political reasons. The contexts which this article will draw on are personal family law systems in Israel, India, Lebanon and Morocco, which comprise a varied sample of family law structures and legal, cultural, social and political contexts.

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Wahib, Ahmad Bunyan. "Reformasi hukum keluarga di dunia Muslim." Ijtihad : Jurnal Wacana Hukum Islam dan Kemanusiaan 14, no. 1 (June 30, 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 Iran(1967). The reformation aims to administrate the members of community in the filed of social,economy, politics, and law. From the perspective of modernization, Islamic family law reform inMuslim countries has shown the process of modernization from above.

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Günther, Ursula, Martin Herzog, and Stephanie Müssig. "ResearchingMahrin Germany: A Multidisciplinary Approach." Review of Middle East Studies 49, no. 1 (February 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 in theory and practice. Second, the legal conceptualization of mahr in the German legal context will be discussed. The example of Morocco serves to illustrate the changes with regard to mahr because of the process of incorporation of Islamic legal concepts into a national statutory law system. Given the Muslim diaspora, these insights are important contributions to the legal intepretation of mahr in a transnational context.

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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 (September 18, 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 Morocco, Egypt, and Indonesia, this article focuses on the domain of family law. We examine cases that illustrate how judges seek a solution in the body of fiqh when asked to authenticate a marriage. In conclusion, we put forward an argument about how judges who are required to refer to fiqh deal with this matter within the context of positive, codified, and standardized law. We argue that the methodology and epistemology adopted by contemporary judges, the legal material on which they draw, and the means by which they refer to this material have fundamentally altered the nature of legal cognition and of law itself.

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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 mothers given that such a phenomenon symbolizes deep existential anxieties about changes occurring within hitherto controlled and taboo domains of sexuality and the right to sexuality. The crisis facing traditional forms of solidarity and the indeterminacy of the Mudawana's clauses invoke an embattled social space where women's "illegal" sexuality continues to be the vexing nexus.

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Admiral, Rosemary. "Living Islamic Law: Women and Legal Culture in Marinid Morocco." Islamic Law and Society 25, no. 3 (May 15, 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 on issues where the Mālikī school accepted multiple opinions. Through an analysis of fatwās issued by Marinid jurists, I explore how communities and legal officials resolved contentious disputes, and how women used legal knowledge to participate in the legal process.

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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 (July 3, 2015): 32–40. http://dx.doi.org/10.1080/15570274.2015.1075758.

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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 (April 1, 2021): 332–34. http://dx.doi.org/10.1093/jcs/csab014.

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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 (February 22, 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 typologically the heterogeneousness of family law legislation of modern Muslim countries while responding to modernization issues. Typical buildings seen from modern family law reforms can be classified into four types. The first type is progressive, pluralistic and extradoctrinal reform, such as in Turkey and Tunisia. The second type is adaptive, unified and intradoctrinal reform, as in Indonesia, Malaysia, Morocco, Algeria and Pakistan. The third type is adaptive, unified and intradoctrinal reform, represented by Iraq. While the fourth type is progressive, unifiied and extradoctrinal reform, which can be represented by Somalia and Algeria.

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Bos, Gerrit. "Maimonides on the Preservation of Health." Journal of the Royal Asiatic Society 4, no. 2 (July 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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Sadiqi, Fatima, and Moha Ennaji. "THE FEMINIZATION OF PUBLIC SPACE: WOMEN'S ACTIVISM, THE FAMILY LAW, AND SOCIAL CHANGE IN MOROCCO." Journal of Middle East Women's Studies 2, no. 2 (April 2006): 86–114. http://dx.doi.org/10.2979/mew.2006.2.2.86.

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Catalano, Serida Lucrezia. "Shari'a reforms and power maintenance: the cases of family law reforms in Morocco and Algeria." Journal of North African Studies 15, no. 4 (December 2010): 535–55. http://dx.doi.org/10.1080/13629387.2010.496233.

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Maktabi, Rania. "Female Citizenship in the Middle East: Comparing family law reform in Morocco, Egypt, Syria and Lebanon." Middle East Law and Governance 5, no. 3 (2013): 280–307. http://dx.doi.org/10.1163/18763375-00503003.

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This article explores the relationship between type of court system, parliamentary reform, and expanded female citizenship in four Arab states between 1990 and 2010. I argue that female citizens have acquired wider civil rights through parliament in relatively homogenous states with unitary court systems than in multireligious states with dual court systems. In Egypt and Morocco, unitary courts curbed clerical judicial authority over family law and weakened the resilience of conservative religious authorities. In these states, renewed pressures for reform after 1990 yielded strengthened female civil rights. In Syria and Lebanon, dual courts safeguard the judicial autonomy of clerics and enable them to resist pressures for family law reform more forcefully. In these states, little changed because the interests of political and religious authorities converge in ways that bolster group-based citizenship and constrain the civil rights of female citizens.

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Marzuki, Ismail. "Politik Hukum Poligami (Studi terhadap Peraturan Perundang-Undangan di Negara-Negara Muslim)." Al-Manahij: Jurnal Kajian Hukum Islam 13, no. 1 (June 25, 2019): 141–57. http://dx.doi.org/10.24090/mnh.v13i1.1799.

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This article discusses Islamic family law politics about regulating polygamy in Muslim countries. The policy of Islamic law in Muslim countries in the modern era can be categorized into two, namely uncodified law, and codified law. The Muslim countries discussed in this article are Muslim countries whose legal politics fall into the codified law category, namely: Turkey, Tunisia, Iran, Indonesia, Egypt, Morocco, and Afghanistan. Although according to fiqh polygamy is something permissible, in practice each Islamic country has a different legal policy related to polygamy, namely: (1) some countries allow polygamy, (2) some allow polygamy with strict conditions, and (3) some prohibit polygamy. In addition, this article also discusses the "progress" of legal policies regarding polygamy from the jurisprudence school of law that are commonly adhered to in each of these Islamic countries. This article shows that legal policies regarding polygamy in Islamic countries included in the codified law category have a variety of styles, some are liberal, conservative, and some are moderate.

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Munson, Henry. "Marriage on Trial: A Study of Islamic Family Law: Iran and Morocco Compared; Mir-Hosseini, Ziba." Digest of Middle East Studies 7, no. 3 (July 1998): 72–75. http://dx.doi.org/10.1111/j.1949-3606.1998.tb00329.x.

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Heddane, Nada, and Judith van Uden. "Living on the Other Side: A socio-legal analysis of family law and migration in Morocco." Recht der Werkelijkheid 42, no. 1 (May 2021): 121–26. http://dx.doi.org/10.5553/rdw/138064242021042001011.

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Trigiyatno, Ali, and Sutrisno Sutrisno. "Dharar as a Reason for Divorce Lawsuit in Fiqh and Legislation of Some Muslim Countries: Study on Indonesia, Bahrain, Sudan, Qatar, and Morocco." Al-Istinbath : Jurnal Hukum Islam 7, no. 1 (May 30, 2022): 205. http://dx.doi.org/10.29240/jhi.v7i1.3368.

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This paper aims to explain dharar as a reason for divorce in the legislation of five Muslim countries, namely Indonesia, Bahrain, Sudan, Qatar, and Morocco. The five countries were chosen with consideration of representing the Sunni Islamic School and one Shia Islamic School. The approach used is a normative approach combined with a comparative method of the law. Primary legal materials are acts and other legislation relevant to the topic of discussion. The results show that the five countries equally provide room for divorce for the wife if she is experiencing dharar, the judge or hakam is obliged to reconcile the two disputing spouses, dharar includes physical and psychological, and the accusation must be proven using evidence generally applicable in procedural law. As for the difference, only Indonesia emphasizes cruelty and physical abuse, while other countries are general. Morocco is the most complete in regulating dharar as a reason for divorce and has several specifics such as violating the marriage agreement which is categorized as dharar. Morocco also regulates compensation due to ḍarar suffered by the wife, while the other four countries do not discuss it in their family law.TRANSLATE with x EnglishArabicHebrewPolishBulgarianHindiPortugueseCatalanHmong DawRomanianChinese SimplifiedHungarianRussianChinese TraditionalIndonesianSlovakCzechItalianSlovenianDanishJapaneseSpanishDutchKlingonSwedishEnglishKoreanThaiEstonianLatvianTurkishFinnishLithuanianUkrainianFrenchMalayUrduGermanMalteseVietnameseGreekNorwegianWelshHaitian CreolePersian // TRANSLATE with COPY THE URL BELOW Back EMBED THE SNIPPET BELOW IN YOUR SITE Enable collaborative features and customize widget: Bing Webmaster PortalBack//

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Kassis, Hanna E., Henry Toledano, Abū ʿAbd Allāh Muḥammad al-Sijilmāsī, and Abu Abd Allah Muhammad al-Sijilmasi. "Judicial Practice and Family Law in Morocco: The Chapter on Marriage from Sijilmāsī's Al-ʿAmal al-Muṭlaq." Journal of the American Oriental Society 105, no. 1 (January 1985): 160. http://dx.doi.org/10.2307/601559.

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NASUTION, KHOIRUDDIN. "MASYARAKAT BILATERAL ISLAM." ALQALAM 27, no. 2 (August 31, 2010): 186. http://dx.doi.org/10.32678/alqalam.v27i2.595.

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Hazairin can be classified as a phenomenal Islamic scholar, together with a number of other Islamic scholars, such as Fazlur Rahman from Pakistan, Syahrur from Syria, Fatimah Mernissi from Morocco, Leila Ahmed from Egypt, and several other Islamic scholars. They are called phenomenal Islamic scholars for their formal education are non-Islamic studies, but have contributions and extraordinary and amazing discoveries in the field of Islamic studies. Fazlur Rahman from Pakistan who has the educational background of medical (medicine), Syahrur from Syria who has the formal educational background in civil engineering, Fatimah Mernissi who has the educational background of Sociology, and Leila Ahmed who has the formal education in History at the Universiry of Cambridge, and several other Islamic scholars. The formal educational background of Hazairin is on law, especially Customary Law and Social -Anthropology (Ethnology). However, his studies on the field of Islamic law are very admirable. What has been found by Hazairin can be classified as an invention, not just a development or an improvement. One of Hazairin's remarkable findings is that Islam emerges to build a community based on the bilateral family. His conclusion is contrary to the formulation and conclusion of other scholars and the most mulim in general that Islam emerges to build the community based on patrilineal family. This article is a description of Hazairin's brilliant theory. Keywords: bilateral Islamic society, hazairin, customary law

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Ma’mun, Sukron. "Pembatalan Perkawinan Menurut Hukum Islam dan UU Hukum Keluarga di Negara Muslim: Studi Perbandingan Antara Negara Mesir, Aljazair, Yordan dan Maroko." Humaniora 5, no. 2 (October 30, 2014): 655. http://dx.doi.org/10.21512/humaniora.v5i2.3122.

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The purpose of this paper is to find out the reasons for the cancellation of marriage according to the concept of classical Islamic law and the laws of Muslim countries such as Egypt, al-Jazair, Jordan, and Morocco wich adopted from the concept of Islamic law. Then compare the changes in the state laws from the classical Islamic legal concept. In this paper the author uses descriptive-analytical-comparative method. The data analysis was done by using content analysis method (content analysis), which is an attempt to explore the symbolic meaning of the message or the contents of a book or other writings products.The results showed that the comparison of horizontal four countries mentioned above in its laws, have in common the material, especially the most prominent is reason for cancellation of marriage with disabilities or diseases in one partner. As for the inability make a living only Jordan which did not mention it in the family law legislation.

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Yavuz, Miyase. "Allah(God),al-Watan(the Nation),al-Malik(the King), and the role ofijtihādin the family law reforms of Morocco." Journal of the Middle East and Africa 7, no. 2 (April 2, 2016): 207–27. http://dx.doi.org/10.1080/21520844.2016.1193687.

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Babana-Hampton, Safoi. "States and Women's Rights." American Journal of Islam and Society 19, no. 4 (October 1, 2002): 125–28. http://dx.doi.org/10.35632/ajis.v19i4.1902.

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In her preface, Mounira Charrad traces the genesis of her study to her concerns as a sociologist regarding the inadequate analytical models used to account for the origin of political organization in the "predominantly classbased and capitalist societies" Maghribi societies. Charrad proposes "kinship" and tribal ties as more appropriate sociological categories for acquiring a good understanding of the foundations of social relations in Tunisia, Algeria, and Morocco. She focuses on three distinct historical periods: precolonial, colonial, and post-independence. Her investigation centers on documenting the historical relationship between the process of nationbuilding and state-formation, and the codification and articulation of a unified family law that replaced numerous (and sometimes conflicting) forms of customary law competing with Islamic law. The book combines historical, sociological, and geographical data and analytical concepts in order to frame the investigation's main subject. The subject is covered in three main parts divided into nine chapters, in addition to an introduction and a conclusion. The text is supplemented with tables and maps documenting linguistic and geographic features of the Maghrebi states under study. The book concludes with a useful glossary of transliterated Arabic words, chapter notes, a selected bibliography organized conveniently under five main headings, an author index, and a subject index ...

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Qjidaa, Souad, Atar Selouane, Souad Zouhair, Driss Bouya, Cony Decock, and Amina Bouseta. "In vitro effect of pyrimethanil on the fungal growth of ochratoxigenic and non-ochratoxigenic species of Aspergillus tubingensis and Aspergil-lus foetidus isolated from Moroccan grapes." South Asian Journal of Experimental Biology 4, no. 2 (May 11, 2014): 76–84. http://dx.doi.org/10.38150/sajeb.4(2).p76-84.

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The contamination of Moroccan grapes by ochratoxin A is mainly due to the contamination of grapes by some species of Aspergillus section Nigri with prevalence of A. niger aggregate. Pyrimethanil, systemic fungicide of the anilinopyrimidine family, is commonly used in vineyard to control grey mould caused by the fungus Botrytis cinerea. In the current study, the effica-cy of this chemical compound for controlling growth of eight strains of A. tubingensis and A. foetidus (4 ochratoxigenic and 4 non-ochratoxigenic strains) isolated from Moroccan grapes was examined at 25°C on CYA medi-um. The results of molecular identification showed that similarity of all iso-lates studied compared with various sequences of references strains of A. tubingensis and A. foetidus from GenBank ranged from 100 to 99%, differing then by one to 4 positions. OTA produced by ochratoxigenic strains varied from 0.02 to 0.13 μg/g of CYA. Pyrimethanil effectively reduced the growth rate of A. tubingensis and A. foetidus. In general, there was a decrease of the RGR and an increase of lag phase as the fungicide dose increased regardless of strain. The EC50 concentrations ranged from 0.00013 to 2.89 mg/L (average = 1.15 mg/L) and EC90 varied from 26.75 to 502.81 mg/L. Statistical analysis revealed that fungicide concentrations, strains and their two inter-actions had significant effects on radial growth rate (p-values = 0.000). At concentration above 0.5xRD, growth of all strains was inhibited. Low doses of pyrimethanil (0.01xRD and 0.02xRD) reduced significantly the mycelia growth but the ochratoxigenic isolates were favoured.

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Sraïri, Mohamed Taher, Sanaa Bahri, and Youssra Ghabiyel. "Work management as a means to adapt to constraints in farming systems: a case study from two regions in Morocco." Cahiers Agricultures 27, no. 1 (January 2018): 15007. http://dx.doi.org/10.1051/cagri/2017066.

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Two investigations were carried out to characterize how farms manage work as a means to cope with several constraints. The investigations were based on the application of the “Work Assessment” method in 44 farms, located in two regions in Morocco. A first investigation protocol was applied in 30 farms in a rainfed agricultural area with possibilities of groundwater irrigation. The study showed that very small-scale farms specialize in cattle rearing. By contrast, farms with more land and capital tend to diversify their activities, mainly toward cash crops (vegetables and fruit trees), resulting in an increased use of off-farm staff. The second research protocol consisted in the use of the “Work Assessment” method in a sample of 14 diversified family farms in a large scale irrigation scheme. Work times in each agricultural activity (livestock and crops) were quantified, distinguishing the contributions of family members and those of the off-farm workers. Altogether, the results of the two investigations confirm the crucial role of livestock production for smallholder farms’ resilience, given they have almost no options in investing in cash crops. However, the limited gross margins received from cattle rearing may imply that it could have limited attractiveness for the young generations. By contrast, in larger farms, livestock is kept as a means of diversifying the sources of incomes, farmers criticizing its very limited gross margins and its relatively high needs in work. Finally, in a context of growing tensions on workers availability, it appears that work, whether assumed by family members or hired workers, is becoming an increasing source of troubles in Morocco. This may add constraints for the achievement of ambitious increases in the staple food production in the coming years.

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Hussin, Iza. "Reforming Family Law: Social and Political Change in Jordan and Morocco. By Dörthe Engelcke. Cambridge: Cambridge University Press, 2019. 284p. $99.99 cloth, $32.99 paper." Perspectives on Politics 18, no. 3 (September 2020): 985–86. http://dx.doi.org/10.1017/s1537592720002066.

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Pepi, Eda. "Reforming Family Law: Social and Political Change in Jordan and Morocco. Dörthe Engelcke, (Cambridge, UK: Cambridge University Press, 2019). Pp. 284. $99.99 cloth. ISBN: 9781108496612." International Journal of Middle East Studies 52, no. 4 (November 2020): 782–84. http://dx.doi.org/10.1017/s0020743820000872.

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Booley, Ashraf. "THE STATE, FAMILY LAW AND WOMEN IN THE MIDDLE EASTERN AND NORTH AFRICAN REGION (MENA REGION): A COMPARATIVE SURVEY OF THE CURRENT REFORMS IN MOROCCO AND TUNISIA." Jurnal Syariah 27, no. 3 (December 31, 2019): 505–46. http://dx.doi.org/10.22452/js.vol27no3.5.

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Moghadam, Valentine. "States and Social Rights: Women's Economic Citizenship in the Maghreb." Middle East Law and Governance 2, no. 2 (2010): 185–220. http://dx.doi.org/10.1163/187633710x502782.

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AbstractHow has economic reform transformed states, societies, and state-society relations in the countries of the Maghreb (North Africa)? With a focus on Algeria, Morocco, and Tunisia, the paper identifies new actors, opportunities, and challenges observed in the Maghreb. Specifically, it examines how—in an era of globalization characterized by neoliberal economic policy but also the worldwide diffusion of norms of women's rights—state strategies for integration into the global economy have been affecting women's economic participation and social rights and have, in turn, led to women's collective action for legal equality and social-economic rights. As such, state-society relations are being renegotiated in terms of both new social and new gender contracts. In examining recent reforms of family codes and labor laws, the paper elucidates the contradictory effects of globalization on women and the complicated relations between states and feminist organizations in the region. The argument is informed conceptually by world-systems theory, feminist political economy, theories of citizenship, and the social movements literature.

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Gozalbes Cravioto, Enrique. "El Monumento de Mezora (Chouahed, Arcila, Marruecos). Datos inéditos sobre las excavaciones." Aldaba, no. 43 (March 7, 2019): 143. http://dx.doi.org/10.5944/aldaba.43.2018.23983.

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Hasta el momento se han mantenido muchas incógnitas sobre el proceso de excavación arqueológica realizado entre 1934 y 1936 en el monumento de Mezora en el Marruecos Atlántico. La falta de informes oficiales obligaba a los investigadores a realizar aproximaciones, más o menos lógicas o documentadas, acerca de los resultados. La puesta a disposición del investigador de una serie de informes realizados por el arqueólogo, que se mantienen en el Archivo familiar, junto con numerosas fotografías del momento, permite un avance en los conocimientos. El mismo se realiza a partir de la reinterpretación actualizada de lo percibido en su momento por el arqueólogo, así como con comprobaciones que derivan de las fotografías de la excavación. A partir de ahí parece deducirse la existencia en el lugar de un primer momento representado por un espacio ritual, rápidamente reconvertido con una gran obra en una tumba de aspecto exterior monumental.So far there have been many unknowns about the process of archaeological excavation carried out between 1934 and 1936 in the monument of Mezora in the Atlantic Morocco. The lack of official reports forced researchers to make more or less logical or documented approximations of the results. The availability of the researcher of a series of reports made by the archaeologist, which are kept in the Family Archive, along with numerous photographs of the moment, allows us to move along in the knowledge. This advance got from the updated reinterpretation of what was perceived at the time by the archaeologist, as well as with checks that derive from the photographs of the excavation. From this it seems to be deduced the existence in the place of a ritual space, quickly reconverted with a great work in a tomb of monumental exterior aspect.

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Journal articles on the topic 'Moroccan family law'

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