Argumen Keagamaan dalam Perdebatan Reformasi Hukum Keluarga di Maroko (Mudawwanah Tahun 1957-1958 ke Mudawwanah Tahun 2004)

Abstract

Family Law is one of the aspects of Islamic law that is highly sensitive for Muslims across the globe. Besides being considered the heart of the existence of Islamic law, family law is an aspect of Islamic law that is most widely used by Muslims in their daily lives to this day. The position of family law occupies a very important place in Islam, where family law is regarded as the core of Sharia. This is closely related to the assumption of Muslims who view family law as the gateway to delve deeper into the religion of Islam. The approach taken by the author is not only legislative and conceptual but also employs a historical approach. As for its implementation in the country of Morocco, which includes a constitutionally Islamic state, yet with a modern legal system both in form and substance, this research uses a normative juridical method and data collection is obtained from library research. Modern Islamic family law within the national legislation of Morocco can be concluded to be capable of meeting the demands of society, both internal and international. This conclusion is based on various positive realities, including the policies of the king and the current formulation of family law that align with the universal values of human rights, without having to abandon Islamic law