DYNAMICS OF ISLAMIC FAMILY LAW REFORM IN MUSLIM COUNTRIES (Analytical Study of Family Law Reform in Tunisia and Morocco)

Abstract

This research is motivated by efforts to reform Islamic family law in a number of Muslim countries in the world that are very progressive and seem controversial and "considered to violate the establishment of classical fiqh law" as in Tunisia and Morocco. This research or article will examine how the formulation of Islamic family law in Tunisia and Morocco, how it is applied and what the legal and sociological impacts are on the context of local community life. The purpose of this study is to examine Islamic family law in Tunisia and Morocco, which is considered unique because of Tunisia's radicalism. This study is directed at library research and data collection is carried out using documentation methods sourced from documents relevant to the problem being studied. The analysis used is content analysis. The conclusion of this study is that the process of formulating and structuring Islamic family law in Tunisia is not only an effort to codify (book) Maliki school of jurisprudence, but also takes progressive and revolutionary steps in an effort to legalize and regulate administration in the field of law, especially Family Law. This is evidenced by the birth of the Tunisian Code of Personal Status (Majallah Ahwal al-Syakshiyah) and the Moroccan Code of Personal Status (Muwadanah Majallah Ahwal al-Syakshiyah). Viewed from the history of the formation of Tunisian and Moroccan family law, it was greatly influenced by European law and thinkers who had a secular educational background. The legal reforms carried out by the Tunisian and Moroccan governments, in existing issues, were not intended to deviate from and abandon the principles of Islamic law, but rather were more due to the government's desire to guarantee the welfare, peace, and welfare of the Tunisian nation and people.