Journal of Islamic Studies and Culture

The Role and Impact of Islamic Jurisprudence in the Legal Framework of Morocco
Dr. Jamal Ait Laadam, PhD; Dr. Yasmine Hasnaoui, PhD

Abstract
This article demonstrates how Islamic law influences Morocco's legal system and continues to shape the country's modern legal framework. Rooted in the Maliki school of jurisprudence, Islamic law has historically governed key aspects of Moroccan life, particularly in areas of personal status such as marriage, divorce, and inheritance. However, Morocco's colonial past, exposure to global legal standards, and internal calls for reform have significantly transformed its legal structure. The 2004 Family Code (Moudawana) and the 2011 Constitution mark essential milestones, reflecting Morocco's efforts to balance its Islamic heritage with modern values, including human rights, gender equality, and judicial independence. These legal reforms play a critical role in the evolution of Morocco's legal system. The study also examines ongoing challenges, including societal resistance to reform, the complexities of judicial discretion, and disparities in legal implementation between urban and rural communities. It highlights the intricate balance that Morocco's legal system maintains between tradition and modernity, resulting in a rich and multifaceted legal landscape. This balance, often characterized by tension, is driven by a central goal of progress. By analyzing Morocco's trajectory, this paper illustrates how Islamic law can adapt to the evolving needs of a rapidly changing society while preserving its cultural and religious identity. The Moroccan experience is a compelling case study for other nations facing similar challenges in reconciling tradition with the demands of a contemporary legal framework.

Full Text: PDF     DOI:10.15640/jisc.vol13p1