De la réformabilité des normes islamiques au Maroc. La question de l’héritage
Is the normative framework governing inheritance in Muslim countries reformable? The question involves religious/fiqhist normativity within a positivist legal framework. The religious/fiqhist norm, secularized in its form (positivization) is secularizable in its content by the reform. In Morocco, th...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Presses universitaires de Strasbourg
2020-07-01
|
| Series: | Revue du Droit des Religions |
| Online Access: | http://journals.openedition.org/rdr/1142 |
| Summary: | Is the normative framework governing inheritance in Muslim countries reformable? The question involves religious/fiqhist normativity within a positivist legal framework. The religious/fiqhist norm, secularized in its form (positivization) is secularizable in its content by the reform. In Morocco, the reformability of inheritance is promoted by social practices of circumvention of the norm, which reflect a tendency towards non-discrimination between heirs. These practices weaken the norm socially, but not dogmatically. The fiqhist thinking, which favours the purpose of the norm over its literality, attempts to mitigate this dogmaticity. In the end, the reformability of heritage questions the ability of politicians to translate their “logic” of primacy over religion. |
|---|---|
| ISSN: | 2493-8637 2534-7462 |