Jurnal Ilmiah Hukum LEGALITY
Vol. 33 No. 1 (2025): March

Sharia in Moroccan Law: a perpetual source and guiding reference

Ezzerouali, Souad (Unknown)
Banane, Mohamed Cheikh (Unknown)
Hamdaoui, Brahim (Unknown)



Article Info

Publish Date
02 Dec 2024

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.

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Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...