Dr. phil. Julia Heilen

This project aims to analyse the extent and nature of Islamic influence that can be identified in current Moroccan criminal law.

For Muslims, Islamic law (aš-šarī^ca) is the law as revealed to humanity by God. It is developed from different sources, which regulate man’s relationship with God, his fellow man, the state authority and all God's creatures through a series of commandments and prohibitions. When Islamic law is applied, it undergoes a process of human interpretation within the framework of Islamic jurisprudence (al-fiqh).

By the 10^th century, a highly complex and heterogeneous system of law and jurisprudence had developed. Concrete mechanisms for drawing boundaries between the religious and the non-religious within this system can be identified in their specific regional and temporal contexts, e.g. parallel jurisdictions. In the 19^th century, many Muslim countries underwent drastic changes which had a substantial impact on Islamic law, especially Islamic criminal law, which was often either abolished or reformed.

This project focuses on current Moroccan criminal law as per the Code Pénal and the Code de Procédure Pénale. The analysis will concentrate on two aspects: enduring infractions religieuses, e.g. blasphemy or fornication, and more indirect influences. For this purpose, the legislation will be analysed in its current form. Additionally, the results will be contextualised through comparisons with classical Maliki law and the French Penal Code.

This research is part of my PhD thesis “Women in Moroccan Criminal Law – An Analysis of Penal Decisions by the Cour de Cassation” (working title).