Proceedings of the 5th International Conference on Gender Studies and Sexuality
Year: 2024
DOI:
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Abortion Law in Morocco: Ijtihad as a Pathway for Legal Reform
Chaimae El Idrissi Amiri
ABSTRACT:
This paper explores the restrictive abortion law in Morocco and the potential role of Ijtihad in driving legal reform to advance gender equality in the kingdom. The current legal framework substantially constrains access to abortion, reflecting a blend of rigid religious interpretations and conservative societal norms, significantly limiting women’s reproductive rights. However, the evolving landscape of medical ethics and pressing public health concerns require urgent change. In Morocco, a predominantly Muslim country, amendments to abortion cannot merely rely on ratifying international treaties or implementing secular perspectives. Instead, such reforms must be firmly grounded in Islamic jurisprudence, with Ijtihad offering a viable pathway. Ijtihad, an Islamic jurist’s tool for independent reasoning, provides a promising approach to adapting legal decisions to contemporary challenges and social needs. This study employs qualitative methods, including thematic analysis and in-depth interviews with key stakeholders, to investigate whether Ijtihad can reconcile divergent perspectives on abortion. It delves into both historical and contemporary Islamic jurisprudential debates on abortion, examining how different schools of thought have interpreted its permissibility and limits. By integrating diverse perspectives and analysing public opinions on the potential legalisation of abortion, this paper aims to provide a nuanced understanding of how Ijtihad could foster more equitable abortion laws in Morocco.
keywords: Gender equality, Islamic jurisprudence, Reproductive rights