Part Ii: Overarching Legal Structures in Morocco and Saudi Arabia

INTRODUCTION A common misconception pervades in the West that women are all mistreated in Arab societies due to the application of Islamic law (shari‛a). Scanning media articles, we see references to stoning as punishment for adultery in Iran and requiring of the burka for women under the Taliban. In Morocco, however, women are not obligated to wear the veil and stoning is not an acceptable punishment for any crime. All of these countries have Muslim governments, and all claim to base their legal systems on shari‛a principles. What then accounts for the differences in their treatment of women under the law? In this Article, I will examine the legal treatment of domestic violence in Saudi Arabia and Morocco in order to hypothesize about the roots of differential approaches to gender issues under the law in Muslim societies. I will examine how each country’s response to domestic violence is shaped by the fundamental national values expressed in its constitution, as well as its approach to shari‛a implementation. I will argue that these fundamental values and approaches to shari‛a implementation ultimately determine the country’s openness to change. Part I outlines the scope of domestic violence laws addressed in this Article and introduces the case study countries. Part II examines the macro legal structures that influence each country’s response to domestic violence: constitutions and Islamic law (shari‛a). Part III discusses the micro‐ level institutions operating in each country: statutes and other laws, social practices, and social programs. Finally, Part IV concludes this Article by connecting each country’s fundamental values and approach to shari‛a implementation to the way it addresses domestic violence.