Ahmed Khamlichi, Professor at the Faculty of Law in Rabat, questions how to approach Morocco's Dahir of Obligations and Contracts. He asks whether to interpret it through its Latin legal source, treat that source merely as comparative law, or distinguish between the various origins of the DOC. Before answering, he emphasizes the need to clarify the DOC's sources. He criticizes scholars for debating whether French law or Islamic Sharia influenced the text more, noting that many misuse the term "Sharia." According to Khamlichi, Sharia refers strictly to explicit Quranic and Sunnah rules, while most DOC provisions belong to Islamic jurisprudence (fiqh), requiring greater precision.
Ahmed Khamlichi (Tue,) studied this question.
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