Arab German Journal of Sharia and Law Sciences (AGJSLS)

The Criminal Confrontation of the Phenomenon of Marital Rape between Legislation and Judicial Practice in the Moroccan Penal Law: A Comparative Study

Abdelilah Razak, Youssef Lachgar — Sat, 25 Oct 2025 00:00:00 +0000

This research addresses the issue of marital rape, one of the most sensitive topics that has sparked wide legal, social, and jurisprudential debate in Morocco due to its close connection with human rights and women’s dignity within the institution of marriage.
The study adopted a comparative analytical approach, analyzing national and international legal texts, reviewing Moroccan and comparative judicial precedents, and assessing their adequacy in protecting women from sexual coercion within marriage. The findings revealed that the Moroccan Penal Code does not explicitly criminalize marital rape, and this ambiguity has led to divergent judicial interpretations—some excluding the possibility of such a crime within marriage, viewing marital relations as granting the right to intercourse, while others consider it a crime whenever consent is absent, based on constitutional principles and international conventions that guarantee women’s physical and psychological integrity.
The research also demonstrated that the Law on Combating Violence against Women (2018) did not explicitly address this issue, thereby maintaining the existing legislative gap. In contrast, several comparative legal systems, such as French and Canadian law, have taken a clear stance by criminalizing marital rape.
It becomes evident that the Moroccan legislator has refrained from regulating marital rape due to the difficulty of codifying and criminalizing this phenomenon with precise legal provisions, as it may be perceived as a potential threat to the stability of Moroccan family life. Consequently, the study recommends amending the Penal Code to clarify the legal position on the matter, enhancing judicial training in handling domestic violence cases, raising public awareness about the concept of consent and mutual respect in marital relations, and providing psychological and legal support for victims.

Children’s Rights in Islamic Jurisprudence and The Phenomenon of Street Children in Mbale, Uganda: A Juristic Analysis

Manswab Mahsen Abdulrahman, Abdul hafiz Musa Walusimbi — Sat, 25 Oct 2025 00:00:00 +0000

This study investigates the rights of children as outlined in Islamic jurisprudence, with a specific focus on the situation of street children in Mbale, Uganda. The research problem centers on the growing number of street children in the region, driven by factors such as poverty, family disintegration, and inadequate institutional support. These conditions leave children vulnerable to exploitation, neglect, and deprivation of basic needs.
The primary objective of this study is to evaluate the relevance and applicability of Islamic legal principles in addressing these challenges and ensuring the protection and well-being of children in vulnerable circumstances. To achieve this, the study adopts a qualitative methodology that includes field observations, interviews with key stakeholders—such as religious leaders, social workers, and affected children—and an in-depth analysis of relevant Islamic sources, particularly the Qur’an, Hadith, and classical jurisprudential texts.
The findings reveal that approximately 4,000 street children are currently living in Mbale. Several factors lead to the rise of street children, including economic instability, poverty, war, the breakdown of traditional values, domestic violence, and abuse, all of which drive them to live on the street. The study recommends the establishment of waqf (endowment), ṣadaqah (charity), and zakāh-funded programs, to be administered through the Islamic University in Uganda (IUIU).
These funds should support initiatives such as: (i) Islamic Ethical Rehabilitation (ii) Basic Literacy and Vocational Training (iii) Psychosocial Support and Trauma Counseling (iv) Family Reintegration and Foster Care Training (Kafālah) (v) Health and Hygiene Education Programs. These initiatives aim to restore the rights and dignity of street children in accordance with Islamic principles.

The Return of Religion and Conflicts in Western Societies: A Critical Review of the Concept of Secularism

Hassan Achraouaou, Yassine Bouchouar — Sat, 25 Oct 2025 00:00:00 +0000

In the late twentieth century, two main hypotheses emerged regarding the relationship between religion and secularism. The first considers secularization as an inevitable process and a prerequisite for modernity, one that directed society toward the desacralization of religion and its disengagement from the public sphere. The second, however, views the return of religion as a form of protest against the prevailing model of modernity and as an alternative mode of engaging with and renewing modernity. This article examines the key literature focused specifically on the hypothesis of the "return of religion" and its connection to the rise of identity conflicts in Western societies. It adopts a historical-sociological approach that traces the emergence of the concept of secularism and the debates surrounding its relationship with religion. Through a critical comparison of foundational writings in this field—particularly the works of Olivier Roy and Marcel Gauchet—the article seeks to uncover the ideological foundations that fuel the conflict between the secular and the religious. The study concludes that secularization did not eliminate religion but rather reshaped it within a liberal political and social sphere, and that the so-called "return" of religion merely reflects transformations in the modes of its presence and uses. It further argues that critiquing exclusionary and hegemonic narratives of extreme secularism goes beyond deconstructing the "return of religion" hypothesis, extending instead to questioning the ideological foundations that legitimize exclusion and reproduce domination under the guise of excessive modernity.