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Journal ArticleDOI

Recent debates on family law reform in morocco: islamic law as politics in an emerging public sphere

Léon Buskens
- 01 Jan 2003 - 
- Vol. 10, Iss: 1, pp 70-131
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TLDR
In the early 1980s the debate about reform has become more intense and widespread as mentioned in this paper, and since then the discussions have become more vehement, especially since the coming to power of a new government in 1998 consisting of former opposition parties.
Abstract
In 1957-1958 Moroccan family law was codified in the Mudawwana , a text known for its close adherence to the classical Maliki tradition. Since the early 1980s the debate about reform has become more intense and widespread. The relatively limited reform of the Mudawwana in 1993 was closely linked to the beginnings of a process of cautious democratization. Since then the discussions have become more vehement, especially since the coming to power of a new government in 1998 consisting of former opposition parties. A year later this government presented a plan for extensive family law reforms. The plan has provoked considerable public debate over key concepts such as democracy , development , human rights , civil society , and ijtihād . Upon closer inspection, larger issues are at stake: Who may speak out in public and participate in politics? This new turn in the discussions is related to the emergence of a public sphere.

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Journal ArticleDOI

Islamism and Family Law Reform in Morocco and Jordan

TL;DR: In this article, the authors argue that an understanding of Islamist parties requires an examination of the larger political context and Islamist responses to it, while not discounting the ideology of Islam.

Liberal outcomes through undemocratic means: the reform of the Code de statut personnel

TL;DR: In this paper, the authors argue that civil society activism does not necessarily lead to democratic outcomes, and may reinforce authoritarian practices, and that the process through which the new family code was passed highlights the crucial institutional role of the monarch, whose individual decision-making power has driven the whole process.
Journal ArticleDOI

Liberal outcomes through undemocratic means: the reform of the Code de statut personnel in Morocco

TL;DR: The authors argued that civil society activism does not necessarily lead to democratic outcomes, and may reinforce authoritarian practices. But they did not consider the role of women's movement in getting the reform approved, and pointed out that associational life is crucial in promoting democratisation.
References
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Book

New Media in the Muslim World: The Emerging Public Sphere

J.W. Anderson
TL;DR: The Muslim world is experiencing a media explosion - from street-corner kiosks to satellite television and the Internet as mentioned in this paper, from the already-familiar tapes and the lowly telephone to the hi-tech Internet, from pulp fiction to new law review journals, from popular culture magazines to multimedia Islamic educational material.
Book

Master and Disciple: The Cultural Foundations of Moroccan Authoritarianism

TL;DR: Hammoudi as mentioned in this paper argues that at the heart of Moroccan culture lies a paradigm of authority which juxtaposes absolute authority against absolute submission, and that, as long as the "master-disciple" dialectic remains the dominant paradigm of power relations, male authoritarianism will prevail as the dominant political form.
Journal ArticleDOI

Contending discourses in Shici law on the doctrine of Wilayat Al‐faqih

TL;DR: In this article, the authors discuss discourses in Shici law on the doctrine of Wilayat Al-faqih in the context of Iran's political system. But they do not discuss its application in Iran's legal system.
Book

Islamic Marriage and Divorce Laws of the Arab World

TL;DR: In this article, the authors discuss the role of codification in the creation of the State of Israel (SOCI) and its role in the occupation of the West Bank and Gaza.