REFORMASI HUKUM KELUARGA ISLAM MAROKO (ANALISIS MAQASHID AL-SYARI’AH PADA PASAL 24 DAN 25 DALAM THE MOROCCAN FAMILY CODE 2004)

Nur Laila Safitri, S.Hum, NIM.: 17200010162 (2021) REFORMASI HUKUM KELUARGA ISLAM MAROKO (ANALISIS MAQASHID AL-SYARI’AH PADA PASAL 24 DAN 25 DALAM THE MOROCCAN FAMILY CODE 2004). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the 20th century, the history of Islamic family law reform began which was pioneered by Turkey. Morocco followed Turkey's steps by reforming the slamic family law which was originally applicable to a new Islamic family law, which was named Mudawwanah al-Usrah or in English called The Moroccan Family Code 2004. One of the things that became controversial was the article that allowed Moroccan women to married without a guardian. Fiqh scholars are of the opinion that a woman should not marry herself, and marriage is invalid if a woman marries without a guardian. This study was conducted to explain the polemics that occurred after Morocco reformed its family law, and to explain the analysis of Maqashid alShari'ah in Articles 24 and 25 regarding guardians in The Moroccan Family Code 2004. This research includes library research, namely: by collecting data related to family law in Morocco and about Maqashid al-Shari'ah, then by using descriptive analytical research type, describing the data obtained and then analyzing it, and using a historical-philosophical approach. Data collection in this study was carried out through documentation techniques, which came from books, journals, and the internet, and data analysis methods using qualitative descriptive methods. This study found that the polemic that occurred after Morocco reformed its family law was the pros and cons between feminist groups and Islamist groups. The feminist group as a pro group argues that the reforms carried out by Morocco are in accordance with CEDAW which aims to elevate the status of women in marriage. On the other hand, the Islamist group as a contra group argues that the reforms carried out are not in accordance with the Shari'ah. Then the analysis in Articles 24 and 25 in The Moroccan Family Code 2004 when reviewed using the Maqashid alShari'ah perspective of Jasser Auda in terms of a coherent benefit, then it is in accordance with Maqashid al-Shari'ah in Jaser Auda's perspective. Morocco in formulating the provisions of these articles takes the opinion of the Hanafi Madhhab.

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