Amine El Kechir examines the conflict between Maliki jurisprudence and Morocco's Dahir of Obligations and Contracts (DOC) concerning non-registered real estate. Registered properties follow the DOC, while non-registered properties traditionally fall under Maliki rules. Although the DOC became the general reference for Moroccan judges in 1965, judicial practice remains divided for non-registered land. Historically, the Maliki school dominated Morocco since the Idrisid dynasty, spread by scholars returning from Medina. This persistent legal duality creates uncertainty in adjudicating property rights. The author argues that resolving this conflict is essential for legal coherence and calls for a clearer framework to harmonize modern statutory law with traditional Islamic jurisprudence in property matters.
Amine El Kechir (Tue,) studied this question.