ISLAMIC FAMILY LAW IN MOROCCO: HISTORICAL DEVELOPMENTS AND REFORMS

Abstract

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 Maliki fiqh. During the French protectorate (1912-1956), colonial authorities restricted Shari'ah 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 alahwal al-shakhsiyyah (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.