Domestic Violence Laws in MENA: Protecting Institutions Over Women

Abstract

This thesis examines why domestic violence laws in Morocco and Jordan fail to protect women from marital rape and honor-based violence despite international commitments under CEDAW and considers what these cases suggest about broader patterns across the MENA region. Focusing on Morocco and Jordan as case studies, the research analyzes legal gaps in domestic violence frameworks by measuring them against international standards from the UN Women Handbook and CEDAW General Recommendation 35. The thesis argues that these laws are designed to protect institutions such as marriage and family honor rather than women. Morocco's Law 103-13 excludes marital rape despite being internationally praised as a progressive reform. Jordan's Penal Code provides legal defenses for honor killings through Articles 340 and 98, allowing reduced sentences for men who murder female relatives. Despite the CEDAW Committee’s criticism, both states maintain these gaps while seeming to prioritize international compliance over women's safety. By analyzing cultural justifications, legal pluralism, and political will, this research suggests that legal gaps are not simple lapses. The findings reveal how states perform compliance with international obligations while maintaining laws that protect institutions over women. This research contributes to understanding the disconnect between CEDAW ratification and practical legal protection in the MENA region.

Date of Award	2026
Original language	American English
Awarding Institution	HBKU College of Humanities and Social Science