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Title
Allah (God), al-Watan (the Nation), al-Malik (the King), and the Role of Ijtihad in Family Law Reforms of Morocco |
Date
2016 |
Author(s)
Yavuz, Miyase |
Abstract
Three key themes'Islamic principles, international human rights conventions, and the realities of Moroccan society'framed the Moroccan Family Law (Mudawwana) reform of 2004. However, ijtihad (process of legal reasoning) was the only way to justify the reforms and introduce them on the basis of sharia, which underlies the Moroccan Family Law. As the highest religious and political authority in Morocco, the king's authority to exercise ijtihad based on his status as the Commander of the Faithful (Amar al-Mu'minan) not only legitimized the reform, but also determined its direction. This study examines the role of ijtihad in the Moroccan 2004 reforms by focusing on the perception of ijtihad and its justifications, the position of the Royal Advisory Commission, which was in charge of the reform, and the power of the notion of amar al-mu'minan, locating the reforms in a context of wider religious restructuring in Morocco. |
Subject(s)
School of Law |
Publisher
Routledge Taylor & Francis Group |
Relation
http://eprints.soas.ac.uk/23162/ |
Type of publication
Journal Articles; PeerReviewed |
Identifier
Yavuz, Miyase (2016) 'Allah (God), al-Watan (the Nation), al-Malik (the King), and the Role of Ijtihad in Family Law Reforms of Morocco.' The Journal of the Middle East and Africa, 7 (2). pp. 207-227. |
Repository
London - SOAS, University of London
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Added to C-A: 2016-10-24;09:23:12 |
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