Islamic Family Law in Morocco
Historical Developments and Reforms
Bibliographic Data
| ID | 19498716 |
|---|---|
| Authors | Selman Zahid Özdemir (0000-0002-5430-2894, Bartin University, corresponding author) |
| Year | 2025 |
| Volume | 16 |
| Issue | 1 |
| Pages | 107-122 |
| Publication date | 2025-06-30 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Ilahiyat Studies (JOURNAL) |
| Journal identifiers | ISSN: 1309-1786 • E-ISSN: 1309-1719 |
| Publisher | Bursa IlahIyat Foundation (PUBLISHER) |
| DOI | 10.12730/is.1585555 |
| OpenAlex | W4411785903 |
| Language | EN |
| Citations received | 1 |
| References cited | 9 |
This research examines the historical trajectory and codification of Islamic family law in Morocco and analyses its transformation from indigenous and Islamic customs to a formalized legal framework shaped by colonial and postcolonial reforms. Moroccan family law was initially rooted in local customs and Mālikī fiqh. During the French protectorate (1912-1956), colonial authorities restricted Sharīʿah courts, prompting nationalist resistance that ultimately led to Morocco’s independence and calls for legal reform. After Morocco gained independence, the first codified Islamic family law, Mudawwanat al-aḥwāl al-shakhṣiyyah (1957), reflected conservative Islamic principles and ignited opposition from women’s rights groups due to gender inequalities. Incremental reforms in 1993 adjusted some marriage and guardianship rules but fell short of achieving gender equality, prompting ongoing activism. Finally, under King Mohammed VI, significant changes culminated in the 2004 Mudawwanat al-usrah, an Islamic family law that improved women’s rights by increasing the age for marriage, improving divorce rights, and requiring mutual responsibility in family leadership. However, Islamic family law retained aspects such as polygamy and unequal inheritance, blending traditional values with progressive reforms. Islamic family law marked a milestone in Morocco’s legal and social modernization within an Islamic framework. This study highlights Morocco’s approach to balancing Islamic heritage with social modernization and illustrates the complexities of integrating religious tradition with contemporary legal frameworks
Archaeology · Family law · Islam · Political science · Sharia · History · Islamic Finance and Banking Studies · Islamic Studies and History · Law · Multiculturalism, Politics, Migration, Gender
Sharīfian rule in Morocco (tenth–twelfth/sixteenth–eighteenth centuries)
The 1979 Convention on the Elimination of All Forms of Discrimination Against Women
A Discourse of Mudawanah al-Usrah; Guaranteeing Women's Rights in Family Law Morocco's
Reforming the Family Code in Tunisia and Morocco – the Struggle between Religion, Globalisation and Democracy
Filling Gaps in Legislation
Recent Debates on Family Law Reform in Morocco
Berber Law by French Means
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |