Article Per Year (5 Year)
p-Index From 2021 - 2026
2.109
P-Index
This Author published in this journals
All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Substantive Justice International Journal of Law Jambe Law Journal Mazahibuna: Jurnal Perbandingan Mazhab Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Mazahib: Jurnal Pemikiran Hukum Islam Trunojoyo Law Review Journal of Indonesian Constitutional Law Indonesian Journal of Advocacy and Legal Services International Law Discourse in Southeast Asia Islamic Law and Social Issues in Society Islamic Law and Social Issues in Society
Ezzerouali, Souad
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 13 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 13 Documents
Search

 1   2 
Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury? Ezzerouali, Souad; Chami, Yassine
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5298

Abstract

Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented. Keywords: legal drafting, definitions, improvement of law, legal security.
The Struggle for Land in Morocco: A Case Study of Amazigh Banane, Mohamed Cheikh; Ezzerouali, Souad; Elzein, Ahmed Mohamed
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8627

Abstract

This paper addresses the issue of the conflict over land between the state and tribes in the Great Souss plain in Morocco. The focus of this study is on the Amazigh tribes. It explores the motives that contributed to the emergence of tribal protests, particularly their demands for land rights, following the civil reforms promised by the Arab Spring in 2011. Through a direct examination of the growing dissatisfaction among these communities, the study reveals that the political failure to democratize society, characterized by consistent confusion at the level of governmental and institutional frameworks and the law's failure to regulate spatial justice on the ground, have both played a role. This situation has prompted tribes, feeling a sense of historical oppression, to claim their rights to the land that the state has increasingly opened up for investment without considering the traditional rights of these indigenous groups.
Expanding the Authority of Muhtasib to Protect Consumers: A Comparison between Moroccan Law and Islamic Qanun of Aceh Ezzerouali, Souad
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29151

Abstract

The institution of Hisbah has historically played a fundamental role in organizing public life in Islamic societies through the principle of enjoining good and forbidding evil. This study examines the potential for integrating Hisbah into modern legal systems to strengthen social control, consumer protection, and environmental preservation. The research aims to clarify the legal and legitimate nature of Hisbah, explore its historical decline—particularly after the colonial era—and propose strategies for its rehabilitation. Using a historical, descriptive, and analytical approach, the study investigates the Moroccan legal framework governing Hisbah, assessing whether the Moroccan legislature has effectively integrated it into contemporary law. Additionally, the study compares Morocco's Hisbah system with the model in Aceh Province, Indonesia, where the institution has been successfully adapted to modern societal needs. The findings highlight the strengths and weaknesses of the Moroccan framework and suggest that legislative inflation may have hindered Hisbah’s effectiveness. Drawing lessons from Aceh, the study recommends revitalising Hisbah in Morocco, particularly in addressing contemporary challenges such as health, environmental protection, consumer rights, and traditional crafts.
Can Moroccan Law Ensure Substantive Justice in Protecting Private Life from AI’s Impact? Ezzerouali, Souad; Arifin, Ridwan; Banane, Mohamed Cheick
Susbtantive Justice International Journal of Law Vol 8 No 1 (2025): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v8i1.333

Abstract

This study examines the impact of the digital revolution and artificial intelligence (AI) on personal privacy in Morocco, within the framework of the country’s national digital strategy. As AI technology rapidly evolves, it raises significant concerns about the privacy of individuals, particularly with the unauthorized use or disclosure of personal data through algorithms. These challenges extend to various sectors, including economics, where e-commerce thrives, and politics, where AI can influence election campaigns. The research contributes to understanding how Moroccan law addresses privacy protection in the digital age. It critically reviews key legal instruments such as the Civil Code, the Consumer Protection Law, the Personal Data Protection Law, and the Product Safety Law, assessing their adequacy in safeguarding individuals’ rights. The study highlights the gaps in existing legislation, emphasizing the need for stronger legal frameworks to protect privacy in the face of advancing AI technologies. Key objectives of the study include assessing AI's effects on private life, evaluating the effectiveness of Moroccan laws in protecting privacy, and exploring the roles of the state and civil society in promoting legal and technical awareness. Using a descriptive-analytical approach, the research analyzes privacy protection laws in light of AI’s development. The study concludes with several recommendations: raising awareness about AI risks, enhancing existing privacy laws, and creating a comprehensive legal and technical framework that ensures stronger digital security for Moroccan citizens. These contributions aim to guide the protection of privacy and substantive justice in the era of artificial intelligence.
The Constitutionality of Water Irrigation Policy in Morocco: Sustaining Agricultural Security Amid Climate Change Ezzerouali, Souad; Banane, Mohamed Cheikh; Anaya, Hamid; Radouane El mountafia
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.63

Abstract

This study aims to evaluate the effectiveness of current irrigation water policies in Morocco, examine the alignment of institutional governance with constitutional and environmental principles, and propose alternatives that promote sustainable and equitable water use.  This study contributes to the government's efforts to manage and prevent irrigation water crises, ensuring that agricultural water needs are adequately met, particularly in light of the increasingly severe impacts of climate change. This study employs a qualitative analytical methodology, drawing on a governance and constitutional rights-based framework, and reviews legal texts, public policy documents, parliamentary debates, and relevant national and international reports. The findings reveal gaps between legislative commitments and implementation practices, especially regarding coordination among institutions, prioritisation of agricultural uses, and responsiveness to climate stress. The study concludes with several recommendations, most notably: reinforcing integrated water governance frameworks, strengthening the monitoring and evaluation of irrigation programs, and enhancing the legal enforcement of the constitutional right to water in policy execution. This research contributes to the field by linking constitutional governance with climate-resilient water policy for agriculture.
Who Will Advocate? The Impact of Decision 93/PUU-XX/2022 on Article 433 Civil Code Amendments for Disability Rights and Legal Protection Nugroho, Harry; Utari, Indah Sri; Irawaty, Irawaty; Nugroho, Satrio Sakti; Ezzerouali, Souad; Sanni, Tajudeen
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.22699

Abstract

The Constitutional Court of Indonesia’s Decision Number 93/PUU-XX/2022 marks a pivotal moment in disability rights by ruling that the terms “imbecile,” “mentally ill,” and “dark-eyed,” along with the word “must” in Article 433 of the Civil Code, are inconsistent with the 1945 Constitution. The Court replaced these derogatory terms with “persons with mental and/or intellectual disabilities” and revised “must” to “can,” signaling a shift toward a more rights-based approach. However, this legal amendment raises critical questions: Does it effectively balance guardianship proceedings with the rights and autonomy of persons with disabilities? And who will advocate for their protection and inclusion in the legal system? This study analyzes the decision’s implications, particularly its impact on the legal mechanisms available to individuals with mental and intellectual disabilities. Using a qualitative approach and a statutory analysis of the Civil Code, Law No. 8 of 2016 on Disability, Law No. 19 of 2011 on the Protection and Rights of Persons with Disabilities, and the Constitutional Court ruling, this research evaluates the extent to which the amendments align with international human rights standards, such as the UN Convention on the Rights of Persons with Disabilities (CRPD). By placing Indonesia’s legal reforms in the broader international debate on disability rights, this study highlights the urgency of stronger advocacy and legal safeguards to prevent continued marginalization. The findings contribute to discussions on legal capacity, guardianship, and human dignity, offering insights for policymakers, legal practitioners, and human rights advocates seeking to advance disability rights worldwide.
The Challenge of Admitting Electronic Evidence in Civil Procedure Law Adinda, Fadhel Arjuna; Rahmawati, Ema; Suparman, Eman; Arifin, Ridwan; Ezzerouali, Souad
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 3 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i3.1873

Abstract

In the digital age, the use of electronic evidence in civil disputes has become increasingly common. However, judges often face significant challenges in accepting and evaluating electronic evidence due to concerns about its authenticity, integrity, and relevance. This paper examines the factors contributing to judicial doubts regarding electronic evidence in Indonesian civil litigation and explores the implications of such doubts on the resolution of legal disputes. Drawing on case law, legal theory, and practical challenges, the paper identifies key issues such as the ease of manipulation, lack of standardized procedures for collecting and preserving digital evidence, and the limited understanding of technology among many judges. These factors create a significant barrier to the effective use of electronic evidence in court, leading to delays, case dismissals, or unjust outcomes. The paper also discusses potential solutions to overcome these challenges, including the need for clearer legal frameworks, the role of forensic digital experts, and judicial education in information technology. By addressing these concerns, this paper aims to highlight the critical importance of building trust in electronic evidence, ensuring its proper use in civil dispute resolution, and promoting a more efficient and fair legal process. Ultimately, the study proposes strategies to strengthen the role of electronic evidence in Indonesian civil law while maintaining judicial integrity and ensuring the protection of all parties involved.
Iron Shadows Behind the Smile of Power: Torture Under the New Order Indonesia Amrullah, Said; Ezzerouali, Souad; Ahmad, Miftahuddin
Indonesia Discourse Vol. 1 No. 1 (2024): January-June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/indi.v1i1.22651

Abstract

This study critically examines the pervasive and systematic use of torture during Indonesia's New Order regime (1966-1998). This research underscores the urgent need to address the historical and ongoing implications of state-sponsored violence in Indonesia. Despite Indonesia’s transition to a democratic system, the legacies of repression and torture continue to shape the country’s political and social landscape. The study analyzes the mechanisms of torture under the New Order, focusing on the state's efforts to silence dissent, control political opposition, and maintain power through fear. Through an examination of archival materials, testimonies from victims, and interviews with human rights activists, this research illuminates the institutionalized practices of torture employed by the Indonesian military and police, often justified under the guise of national security and anti-communism. The work also highlights the impact of these practices on both individual lives and the broader society, contributing to a climate of fear that has persisted even after the regime’s downfall. This research makes a significant contribution by offering a comprehensive analysis of torture's role in reinforcing the power structures of the New Order, revealing the psychological and social costs of authoritarian rule. Furthermore, it emphasizes the urgent need for transitional justice and accountability mechanisms to address the crimes of the past. By providing a historical framework, the study advocates for a broader understanding of Indonesia’s political transformation, shedding light on the continuing struggle for justice and human rights in the post-New Order era.
Reassessing the Expiatory Sacrifice for Hajj Tamattuʿ in Indonesia: A Qur’anic Exegesis and Socio-Legal Perspective on Contemporary Practices Aswadi, Aswadi; Yusuf, M.; Jannah, Raudlotul; Tawwabuddin, Tawwabuddin; Ezzerouali, Souad
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 9 Issue 1 (2026) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v9i1.15220

Abstract

Scholarly discourse on the permissibility and governance of expiatory sacrifice (dām) for ḥajj tamattuʿ in Indonesia continues amid rapidly evolving social and regulatory contexts. Existing studies are largely dominated by normative fiqh arguments and administrative policy considerations, while integrated analyses combining contextual Qur’anic exegesis, socio-legal perspectives, and maqāṣid al-sharīʿah remain limited. Addressing this gap, this study critically reassesses the coherence between Qur’anic norms, evolving interpretive frameworks, and contemporary policy implementation concerning dām for ḥajj tamattuʿ. This study employs a qualitative, library-based approach by analyzing key Qur’anic verses on ḥajj tamattuʿ through Abdullah Saeed’s contextualist interpretive framework and evaluating them using maqāṣid al-sharīʿah as a tool of critical legal reasoning. The normative findings are then examined in relation to socio-legal realities, including fatwas, state regulations, and institutional practices governing ḥajj administration in Indonesia and Saudi Arabia. The findings indicate that the obligation of dām for ḥajj tamattuʿ is not intrinsically confined to the Haram area but is context-dependent in terms of location, timing, and distribution, provided that its core spiritual objectives and public welfare considerations are fulfilled. Consequently, this study argues that cross-border regulatory coordination constitutes a normative implication of the dynamic relationship between Qur’anic injunctions, ritual practice, and contemporary ḥajj governance.
War in Islamic Law and International Humanitarian Law: The Gaza Case 2023–2026 Ezzerouali, Souad; Sungay, Mohamed Hoosain
Islamic Law and Social Issues in Society Vol. 2 No. 1 (2026): Islamic Law and Social Issues in Society
Publisher : Tuah Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64929/ilsiis.v2i1.27

Abstract

Scholarship on the interaction between Islamic law and international humanitarian law (IHL) has grown considerably, yet much of it remains confined to abstract doctrinal comparison and has yet to engage seriously with how these frameworks operate in real armed conflicts shaped by religious identity. This study addresses that lacuna through a focused examination of the 2023–2026 Gaza conflict, in which legal norms, religious identity, and military practice intersect. The analysis asks how the principles of distinction and proportionality are understood within fiqh al-jihād and IHL with respect to civilian protection, and how those interpretations shape application in asymmetric conflicts involving both state and non-state actors. Employing a qualitative, comparative, and socio-legal methodology, the study advances three principal findings. First, both legal traditions affirm an obligation to protect civilians through the principles of distinction, proportionality, and humanity, although they rest on distinct normative foundations. Second, divergences in practice arise less from doctrinal conflict than from political interest and the strategic deployment of legal narrative by the parties. Third, these dynamics sustain persistent gaps in civilian protection that are often entrenched by selective legal framing and weak accountability. Based on these findings, the study proposes a “Gaza Convergence Model” as a framework for more operational engagement between the two traditions. By aligning shared principles while acknowledging irreducible differences, the model seeks to strengthen both the legitimacy and the effectiveness of civilian protection in armed conflict. More broadly, the study argues for culturally grounded legal approaches and for sustained dialogue between religious and international legal orders.
Co-Authors Adinda, Fadhel Arjuna Agustus Sani Nugroho & Ema Rahmawati Heryaman, Agustus Sani Nugroho & Ahmad, Miftahuddin Ajid Thohir Amrullah, Said Anaya, Hamid Banane, Mohamed Cheick Banane, Mohamed Cheikh Barak, Ahmed Mohamed Chami, Yassine Efendi Ibnususilo Elzein, Ahmed Mohamed Eman Suparman Fatahillah, Ikhwan Aulia Fithriatus Shalihah Hariz, Hajar Salamah Salsabila Harry Nugroho, Harry Irawaty Irawaty Irfan Safrudin Jannah, Raudlotul M. Yusuf Masrukhi Masrukhi Radouane El mountafia Ridwan Arifin Ridwan, Ahmad Hasan Sanni, Tajudeen Satrio Sakti Nugroho, Satrio Sakti Sungay, Mohamed Hoosain Tawwabuddin, Tawwabuddin