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All Journal Jurnal Ilmiah Hukum LEGALITY Substantive Justice International Journal of Law Mazahib: Jurnal Pemikiran Hukum Islam Trunojoyo Law Review Journal of Law and Legal Reform Journal of Indonesian Constitutional Law Indonesian Journal of Advocacy and Legal Services
Ezzerouali, Souad
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Inclusion of Definitions in Legislative Drafting: A Necessity or a Luxury? Ezzerouali, Souad; Chami, Yassine
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.5298

Abstract

Legislative drafting is a crucial element in the formation of legal norms. The success of these norms depends on the accuracy of the words used and the appropriateness of its tools, as it is subject to a set of rules and mechanisms that the legislator must follow, whether at the level of form or at the level of content. Our study will focus on the rule related to using definitions in the exact way to include them in the legislative drafting. It aims to standardize the terms used by the legislator in the legal text in order to avoid any confusion or ambiguity about these terms, and to distinguish it from other meanings that may come in other texts but in a different concepts. The research problem revolves around the extent to which legislation needs to include definitions in laws, is it a necessity or just a luxury? We will address this problem using the descriptive and comparative approach by dividing the study into two parts, the first part deal with the need to include definitions in laws, and the second part addresses the norms governing the use of definitions in legislative drafting. We conclude, that adding a legal definition to the legislative process, giving it legal meaning, would perpetuate the rigid, ossified concept of law. Contrast that with jurisprudential definitions, which sometimes change the true meaning of jurists' terms. However, each definition will be kept in line with the pace of legislation to keep up with the pace of social development, in case it becomes outdated or needs to be supplemented. Keywords: legal drafting, definitions, improvement of law, legal security.
Sharia in Moroccan Law: a perpetual source and guiding reference Ezzerouali, Souad; Banane, Mohamed Cheikh; Hamdaoui, Brahim
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36744

Abstract

This study examines the role of Sharia in the Moroccan legal system, assessing whether it serves as a fundamental source of legislation or merely a reference. Morocco's legal framework uniquely combines Islamic principles with secular laws, reflecting its colonial history and modern reforms to preserve Islamic heritage while advancing legal modernization. This distinctive blend positions Morocco as a model for balancing tradition and contemporary legal requirements. The research adopts a critical analytical approach, analyzing constitutional and legal texts, judicial precedents, and practical applications. It also conducts a comparative analysis with Indonesia to explore different approaches to integrating Sharia. Morocco applies Sharia centrally, especially in personal status laws, while Indonesia uses it regionally, such as in Aceh, within a predominantly secular national framework. The study highlights how historical, social, and political contexts influence the role of Islamic law in both countries. Findings show that Sharia is a crucial source for personal status matters in Morocco and a supplementary reference in other legal areas, with the Commander of the Faithful (Amir al-Mu'minin) maintaining this balance. In contrast, Indonesia emphasizes the regional application of Sharia alongside national secular laws. The study provides insights into balancing religious identity with legal modernization, offering a framework for legal pluralism that can inform researchers and policymakers in diverse socio-political contexts.
The Struggle for Land in Morocco: A Case Study of Amazigh Banane, Mohamed Cheikh; Ezzerouali, Souad; Elzein, Ahmed Mohamed
Mazahib Vol 23 No 2 (2024): VOLUME 23, ISSUE 2, 2024
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v23i2.8627

Abstract

This paper addresses the issue of the conflict over land between the state and tribes in the Great Souss plain in Morocco. The focus of this study is on the Amazigh tribes. It explores the motives that contributed to the emergence of tribal protests, particularly their demands for land rights, following the civil reforms promised by the Arab Spring in 2011. Through a direct examination of the growing dissatisfaction among these communities, the study reveals that the political failure to democratize society, characterized by consistent confusion at the level of governmental and institutional frameworks and the law's failure to regulate spatial justice on the ground, have both played a role. This situation has prompted tribes, feeling a sense of historical oppression, to claim their rights to the land that the state has increasingly opened up for investment without considering the traditional rights of these indigenous groups.
Expanding the Authority of Muhtasib to Protect Consumers: A Comparison between Moroccan Law and Islamic Qanun of Aceh Ezzerouali, Souad
TRUNOJOYO LAW REVIEW Vol 7, No 2 (2025): August
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i2.29151

Abstract

The institution of Hisbah has historically played a fundamental role in organizing public life in Islamic societies through the principle of enjoining good and forbidding evil. This study examines the potential for integrating Hisbah into modern legal systems to strengthen social control, consumer protection, and environmental preservation. The research aims to clarify the legal and legitimate nature of Hisbah, explore its historical decline—particularly after the colonial era—and propose strategies for its rehabilitation. Using a historical, descriptive, and analytical approach, the study investigates the Moroccan legal framework governing Hisbah, assessing whether the Moroccan legislature has effectively integrated it into contemporary law. Additionally, the study compares Morocco's Hisbah system with the model in Aceh Province, Indonesia, where the institution has been successfully adapted to modern societal needs. The findings highlight the strengths and weaknesses of the Moroccan framework and suggest that legislative inflation may have hindered Hisbah’s effectiveness. Drawing lessons from Aceh, the study recommends revitalising Hisbah in Morocco, particularly in addressing contemporary challenges such as health, environmental protection, consumer rights, and traditional crafts.
Can Moroccan Law Ensure Substantive Justice in Protecting Private Life from AI’s Impact? Ezzerouali, Souad; Arifin, Ridwan; Banane, Mohamed Cheick
Susbtantive Justice International Journal of Law Vol 8 No 1 (2025): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v8i1.333

Abstract

This study examines the impact of the digital revolution and artificial intelligence (AI) on personal privacy in Morocco, within the framework of the country’s national digital strategy. As AI technology rapidly evolves, it raises significant concerns about the privacy of individuals, particularly with the unauthorized use or disclosure of personal data through algorithms. These challenges extend to various sectors, including economics, where e-commerce thrives, and politics, where AI can influence election campaigns. The research contributes to understanding how Moroccan law addresses privacy protection in the digital age. It critically reviews key legal instruments such as the Civil Code, the Consumer Protection Law, the Personal Data Protection Law, and the Product Safety Law, assessing their adequacy in safeguarding individuals’ rights. The study highlights the gaps in existing legislation, emphasizing the need for stronger legal frameworks to protect privacy in the face of advancing AI technologies. Key objectives of the study include assessing AI's effects on private life, evaluating the effectiveness of Moroccan laws in protecting privacy, and exploring the roles of the state and civil society in promoting legal and technical awareness. Using a descriptive-analytical approach, the research analyzes privacy protection laws in light of AI’s development. The study concludes with several recommendations: raising awareness about AI risks, enhancing existing privacy laws, and creating a comprehensive legal and technical framework that ensures stronger digital security for Moroccan citizens. These contributions aim to guide the protection of privacy and substantive justice in the era of artificial intelligence.
The Constitutionality of Water Irrigation Policy in Morocco: Sustaining Agricultural Security Amid Climate Change Ezzerouali, Souad; Banane, Mohamed Cheikh; Anaya, Hamid; Radouane El mountafia
Journal of Indonesian Constitutional Law Vol. 2 No. 2 (2025): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v2i2.63

Abstract

This study aims to evaluate the effectiveness of current irrigation water policies in Morocco, examine the alignment of institutional governance with constitutional and environmental principles, and propose alternatives that promote sustainable and equitable water use.  This study contributes to the government's efforts to manage and prevent irrigation water crises, ensuring that agricultural water needs are adequately met, particularly in light of the increasingly severe impacts of climate change. This study employs a qualitative analytical methodology, drawing on a governance and constitutional rights-based framework, and reviews legal texts, public policy documents, parliamentary debates, and relevant national and international reports. The findings reveal gaps between legislative commitments and implementation practices, especially regarding coordination among institutions, prioritisation of agricultural uses, and responsiveness to climate stress. The study concludes with several recommendations, most notably: reinforcing integrated water governance frameworks, strengthening the monitoring and evaluation of irrigation programs, and enhancing the legal enforcement of the constitutional right to water in policy execution. This research contributes to the field by linking constitutional governance with climate-resilient water policy for agriculture.
Personal Data Protection in Political Party Information Systems in the Organization of General Elections: Concept and Law Reform Recommendations Rahim, Erman I.; Dukalang, Mohamad Afriyansyah; Tome, Abdul Hamid; Achir, Nuvazria; Ezzerouali, Souad
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.12942

Abstract

Exploiting citizens’ personal data by political parties within the Political Party Information System (SIPOL) database during the 2024 General Election has adversely affected the public. This paper examines the exploitation of citizens’ personal data by political parties via identity fraud from a legal standpoint, while also suggesting a framework for personal data protection and legal change. The primary aim is to offer conceptual proposals for safeguarding people’s personal data inside SIPOL and to suggest legal revisions to the Election Law and Political Party Law, therefore integrating requirements for personal data protection into the Personal Data Protection Law. This study utilized normative legal research methodologies, including a statute, case, and conceptual approach, to address the legal issues under examination. The research findings indicated that the illicit utilization of citizens’ personal data for political party membership adversely affects the individuals involved and constitutes a legal infraction. This article provides a framework for safeguarding people’s personal data within the SIPOL, alongside legal revisions to the Election Law and Political Party Law, which policymakers can address.
Legal Reform in Village Law-Making Process Using Artificial Intelligence: Is It Necessary? Al-Fatih, Sholahuddin; Roziqin, Ali; Asyari, Muhammad Dahlan; Ezzerouali, Souad
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21116

Abstract

This article aims to discuss how Village Regulation should be implemented in the digital age, whether using artificial intelligence or conventional methods. Indonesia is a big country with too many villages, such as the small Regency/City of Malang, which has almost 390 villages (with different terms, both desa and kelurahan). The problem was raised while those villages were drafting Village Regulation. By using a legal research method, this research examines how AI could help in the village law-making process. To do that, this article combines both normative and empirical studies by analyzing the norms and literature, as well as understanding the respondent answers spread out by Google Forms. As a result, this paper finds that some AIs are necessary for drafting village regulations, such as ChatGPT, Gemini, Scopus AI, and so on. However, those AI should be used responsibly, with an honest principle, an open mind, and the avoidance of plagiarism.
Who Will Advocate? The Impact of Decision 93/PUU-XX/2022 on Article 433 Civil Code Amendments for Disability Rights and Legal Protection Nugroho, Harry; Utari, Indah Sri; Irawaty, Irawaty; Nugroho, Satrio Sakti; Ezzerouali, Souad; Sanni, Tajudeen
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.22699

Abstract

The Constitutional Court of Indonesia’s Decision Number 93/PUU-XX/2022 marks a pivotal moment in disability rights by ruling that the terms “imbecile,” “mentally ill,” and “dark-eyed,” along with the word “must” in Article 433 of the Civil Code, are inconsistent with the 1945 Constitution. The Court replaced these derogatory terms with “persons with mental and/or intellectual disabilities” and revised “must” to “can,” signaling a shift toward a more rights-based approach. However, this legal amendment raises critical questions: Does it effectively balance guardianship proceedings with the rights and autonomy of persons with disabilities? And who will advocate for their protection and inclusion in the legal system? This study analyzes the decision’s implications, particularly its impact on the legal mechanisms available to individuals with mental and intellectual disabilities. Using a qualitative approach and a statutory analysis of the Civil Code, Law No. 8 of 2016 on Disability, Law No. 19 of 2011 on the Protection and Rights of Persons with Disabilities, and the Constitutional Court ruling, this research evaluates the extent to which the amendments align with international human rights standards, such as the UN Convention on the Rights of Persons with Disabilities (CRPD). By placing Indonesia’s legal reforms in the broader international debate on disability rights, this study highlights the urgency of stronger advocacy and legal safeguards to prevent continued marginalization. The findings contribute to discussions on legal capacity, guardianship, and human dignity, offering insights for policymakers, legal practitioners, and human rights advocates seeking to advance disability rights worldwide.
Co-Authors Abdul Hamid Tome Ali Roziqin Anaya, Hamid Asyari, Muhammad Dahlan Banane, Mohamed Cheick Banane, Mohamed Cheikh Chami, Yassine Dukalang, Mohamad Afriyansyah Elzein, Ahmed Mohamed Erman I. Rahim Hamdaoui, Brahim Harry Nugroho, Harry Irawaty Irawaty Masrukhi Masrukhi Nuvazria Achir Radouane El mountafia Ridwan Arifin Sanni, Tajudeen Satrio Sakti Nugroho, Satrio Sakti Sholahuddin Al-Fatih