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All Journal Jurnal Ilmiah Hukum LEGALITY RechtIdee
Souad Ezzerouali
College of Law, Dhofar University, Sultanate of Oman
Law, Crime, Criminology & Criminal Justice

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Sharia in Moroccan Law: a perpetual source and guiding reference Souad Ezzerouali; Mohamed Cheikh Banane; Brahim Hamdaoui
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36744

Abstract

This study examines the role of Sharia in the Moroccan legal system, assessing whether it serves as a fundamental source of legislation or merely a reference. Morocco's legal framework uniquely combines Islamic principles with secular laws, reflecting its colonial history and modern reforms to preserve Islamic heritage while advancing legal modernization. This distinctive blend positions Morocco as a model for balancing tradition and contemporary legal requirements. The research adopts a critical analytical approach, analyzing constitutional and legal texts, judicial precedents, and practical applications. It also conducts a comparative analysis with Indonesia to explore different approaches to integrating Sharia. Morocco applies Sharia centrally, especially in personal status laws, while Indonesia uses it regionally, such as in Aceh, within a predominantly secular national framework. The study highlights how historical, social, and political contexts influence the role of Islamic law in both countries. Findings show that Sharia is a crucial source for personal status matters in Morocco and a supplementary reference in other legal areas, with the Commander of the Faithful (Amir al-Mu'minin) maintaining this balance. In contrast, Indonesia emphasizes the regional application of Sharia alongside national secular laws. The study provides insights into balancing religious identity with legal modernization, offering a framework for legal pluralism that can inform researchers and policymakers in diverse socio-political contexts.
Reflection of Child Protection on the Settlement of Child Sexual Violence In Indonesia: An Analysis of Court Decisions in 2019-2020 Rusmilawati Windari; Istianah Za; Souad Ezzerouali
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.21183

Abstract

Protection of children from sexual violence is a shared responsibility of all parties, including the judiciary. One of the efforts to protect children by the judiciary is manifested in court decisions on cases of sexual violence against children. As a form of law enforcement in concreto, the study of this court decision will provide a signal for criminal law reform related to the regulation of sexual violence against children in Indonesia. This article aims to examine the reflection of child protection in the resolution of cases of sexual violence against children in Indonesia in 2019-2020. As normative research, a single issue is studied using a statutory, conceptual, and case approach and then analyzed using the descriptive qualitative method. A comprehensive synthesis of statutory analysis, doctrinal interpretation, and systematic case examination was concluded. The discussion shows that the majority of settlements of sexual violence cases against children have reflected the protection of children. However, 3 three limitations signaled criminal law reform: the absence of criminal law guidelines, the lack of specifically formulated minimum fines, and the absence of sanctions for victim-oriented treatment.
Co-Authors Brahim Hamdaoui Istianah Za Mohamed Cheikh Banane Rusmilawati Windari