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3 - The Contemporary Legal Systems

Published online by Cambridge University Press:  19 February 2019

Dörthe Engelcke
Affiliation:
Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
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Summary

This chapter outlines the features of the legal systems in Jordan and Morocco. It demonstrates that the structure of the legal systems in each country contains preferences towards different institutions and actors. Different types of actors may have different preferences with respect to the content of the law. The chapter contributes to the foundation of the structural argument that sees different approaches to family law reform partly as a result of variations in the legal system. What is considered as relevant cultural capital varies between judicial fields. Due to family law being considered Islamic law and due to the division of the judicial field in Jordan into regular and religious courts, knowledge of Islamic law is perceived as the only valuable and necessary entry qualification to enter the Jordanian judicial shariʿa court field. In Morocco, by contrast, the unified legal system has meant that secular law degrees have greater value. In Morocco women have increasingly entered the judiciary and are present in all courts. By contrast Jordanian shariʿa courts could block the appointment of women judges. Despite both judicial fields being subject to executive power, the Jordanian king has refrained from appointing women to the shariʿa courts. This indicates a greater degree of autonomy of these courts.
Type
Chapter
Information
Reforming Family Law
Social and Political Change in Jordan and Morocco
, pp. 66 - 86
Publisher: Cambridge University Press
Print publication year: 2019

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  • The Contemporary Legal Systems
  • Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
  • Book: Reforming Family Law
  • Online publication: 19 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108634342.003
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The Contemporary Legal Systems
  • Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
  • Book: Reforming Family Law
  • Online publication: 19 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108634342.003
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Contemporary Legal Systems
  • Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
  • Book: Reforming Family Law
  • Online publication: 19 February 2019
  • Chapter DOI: https://doi.org/10.1017/9781108634342.003
Available formats
×