Santuoka islamo teisėje: tradicijų ir modernumo derinimas Maroko šeimos kodekse

Abstract

The article deals with the changes of Islamic law regarding marriage, identifies the causes of the changes, evaluates and represents Moroccan family code (Mudawana) and reveals regulatory shortcomings that existed before Mudawana. The research problem reflects the intersection of traditional and new law in Islamic state, when marriage gets new features. The traditional Islamic law, which forms the basis of Moroccan legal system, contravened the needs and values of modern society. In 2004 Morocco implemented family law reform to adapt 7th century’s religious norms to nowadays social environment while maintaining and ensuring the continuity of Islamic traditions. The core of the reform is to reorganize the family model so as to consolidate the Muslim community changes caused by urbanization, economic development and other factors, while retaining part of the codified Islamic law and social and cultural expressions of local traditions. Such regulatory changes are important not only for human rights and strengthening of the institute of marriage but they are also a tool to facilitate the adaptation of Moroccan citizens abroad. According to the rules of Islam, Morocco saved the content of classical marriage whilst making it closer to European (secular) model. Even though the new family code maintains fidelity to the Islamic provisions, it governs family with the modern spirit: identifies both spouses’ equality of rights and duties, restricts polygamy etc. On the other hand, even though marriage is registered as a civil contract, the fulfilment of certain marriage conditions remain based on religious norms. In addition, the Moroccan society, despite the modern family legislation, partially supports old traditions. Nevertheless, Mudawana confirms that using principle of law interpretation, Islamic norms can be reconciled with the demand of modern society and standards of international human rights. Thus, Islamic and Westerns legal tradition can find common traits.