Negotiating modernity: Islamic legal reform and national identity in Morocco a theoretical inquiry with reflections on digital transformation

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Authors: Serena Fraiese
Cited by: 1

Abstract

This article examines Morocco’s evolving legal and ideological framework, focusing on the interplay between Islamic jurisprudence (sharīʿa) and state-governance (siyāsa) in shaping national identity and political legitimacy. It argues that Morocco’s legal development exemplifies an adaptive model of modernity, grounded in Islamic tradition yet responsive to contemporary governance challenges. Rather than applying a Weberian or secular-modernist lens, the study engages with the thought of Moroccan intellectuals Mohammed al-Jabri and Abdallah Laroui, whose reflections on rationality, tradition, and postcolonial identity offer a critical framework for interpreting legal transformations. Adopting a historical-philosophical approach, the article analyses how concepts such as turāth, iṣlāḥ, and ijtihād are mobilized to negotiate the relationship between religious legitimacy and state authority. These tools enable a dynamic reinterpretation of Islamic legal heritage in service of modern state-building. The findings suggest that reforms are not merely technocratic adjustments, but part of a broader ideological project to articulate a culturally and ethically grounded modernity. The article concludes with a reflection on Morocco’s digital transformation as a contemporary site where Islamic political principles, such as ethical responsibility and communal welfare, are selectively reactivated. This case illustrates the potential of Islamic normative traditions to inform emerging governance challenges in postcolonial Arab-Muslim contexts.

Fields of Study & Subjects

Multiculturalism Politics Migration Gender African Studies and Geopolitics Religion and Sociopolitical Dynamics in Nigeria

Publication details

Journal / source
British Journal of Middle Eastern Studies
Publisher
Informa UK Limited
Pages
1–17
Publication date
26 February 2026
Language
EN