“The reform of the Moudawana could have been part of history” – Telquel.ma

After two years of waiting, the veil was lifted on the content of the reform of the Family Code during a press conference held on December 24, 2024.

The Minister of Islamic Affairs, Ahmed Toufiq, returned to the working methodology of the ulama, requested by Mohammed VI to give an opinion on crucial points of the reform. Abdellatif Ouahbi, Minister of Justice, listed the major measures which define the contours of the reform: marriage of minors, inheritance, polygamy, divorce, guardianship… While specifying that numerous provisions, conditions and exceptions would be clarified in the new text of law, which will cover the revision of 139 provisions.

In the so-called conservative camp, reactions flooded social networks, denouncing a reform which would betray the identity of the country. Conversely, among progressives, we regret a reform considered too timid. This is the case of Latifa Jbabdi, founder of the Union of Women’s Action (UAF), who is in her third reform of the Moudawana: the first in 1993, with a reform of the Personal Status Code, for which it had gathered more than a million signatures, and the second in 2004. For this former politician and seasoned grassroots activist, the new reform certainly introduces new achievements, but is unfortunately limited to “demi-solutions”.

AsIs : On December 24, the broad outlines of the reform were revealed. How did you react to these announcements?

Latifa Jbabdi: My first feeling, without hiding anything, was bitter disappointment. Many of us considered that the conditions were sufficiently favorable for deeper reform, so we were very optimistic. The participatory approach and the consultation process gave us a lot of hope. A reform was expected that would fully establish relations within the family on the basis of equality. However, this reform is not global, but partial.

“The principle of equality has unfortunately not been taken into account as a guiding principle in the reform of the Moudawana”

Latifa Jbabdi

Polygamy is still not abolished, since it is maintained in the case where a woman cannot have children, and the discretionary power of the judge is retained for the marriage of minors aged 17.