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
