Abstract
The paper deals with the theme of the reform of Moroccan Family Law, through a brief comparison between the former and the latter version of the mudawwanah (trans. “Code”), using an intercultural legal approach. In the Muslim legal culture there are many ways to balance the sharaitic tradition with the claims of innovation coming out from the contemporary society. In this context, the Moroccan mudawwanah of 2004 represents an interlegal step forward in the direction of improving the human liberties, equalizing the role of women in the Moroccan society, starting from their legal status in the law of the land. In the essay they are developed some key-points of the reform: the right of women to choose freely to marriage, to negotiate their condition in marriage’s contract and to solve it, according the norms of religious and public Law. Moreover it deals with the juridical Islamic argument of ijtihad (trans. “closure of the door of legal interpretation”), in the contemporary perspectives of reform in Muslim world.
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