Contemporary Mechanisms to Reform Islamic Criminal Law Between Legal Doctrine and Positive Law The Case of Morocco

Abstract

This essay analyzes the contemporary evolution of Islamic criminal law, focusing primarily on the case of Morocco. It investigates the hermeneutical strategies employed by Islamic scholars and modern Muslim states to avoid the implementation of certain punishments drawn from ḥudūd, qiṣāṣ, and taʿzīr. The essay highlights, for instance, the role of “contextual and eclectic ijtihād” in adapting Islamic criminal law to modern contexts, and emphasizes the shift from ḥudūd to taʿzīr punishments across many Muslim countries. By focusing on the evolution of criminal law in Morocco and its connection to Islamic law, the essay explores the influence of Western legal systems and internal reform efforts, showing how traditional Islamic terminology and penalties have been mainly secularized while keeping the “Islamic” offenses. It sheds light on the dynamic interplay between tradition and modernity. The essay also addresses ongoing debates surrounding the death penalty in Morocco and its link to Islamic criminal law, particularly in light of the Kingdom’s recent vote in favor of a universal moratorium at the United Nations. Through this case study, the essay also highlights the role of modern Muslim states in balancing Islamic legal heritage with contemporary human rights standards, as well as the strategies used to “Islamize” the secularization of Islamic criminal law.

« READ PREVIOUS