After two years of consultations, Morocco unveiled reform proposals on Tuesday, December 24 concerning the marriage of minors, polygamy and inheritance. Feminist activists are calling for bolder measures despite resistance in the kingdom.
The contours of the reform of the family code – or Moudawana – have finally been revealed. During a press conference on Tuesday, December 24, Moroccan Minister of Justice Abdellatif Ouahbi unveiled several proposals aimed at strengthening the rights of women and children in the kingdom. At the end of two years of consultations, the project, which must be submitted to Parliament for approval, presents more than a hundred amendments, including the revision of exemptions for the marriage of minors, the possibility for Moroccan women to stipulate their opposition to polygamy, as well as the extension of their rights in matters of guardianship and custody of children.
Several proposals submitted for legal opinion to the Council of Ulemas, a religious body made up of theologians chosen for their expertise in Islamic sciences, were however refused. Among them, the use of genetic tests to establish paternal filiation or major changes concerning the inheritance of daughters – measures eagerly awaited by feminist associations. “It is not the comprehensive and radical reform that we expected, even if there is some positive progress, regrets Fouzia Yassine, member of the executive board of the Democratic Association of Women of Morocco. The continued existence of polygamy and the exceptions granted by judges for marriages of girls aged 17 are unacceptable. The philosophy of the family code, based on patriarchyhas not changed.”
Serious reservations regarding a lack of details
President of the Kif Mama Kif Baba association, which fights against gender inequalities, Ghizlane Mamouni welcomes what she considers to be a “step forward in this long-awaited reform process”in particular the end of the risk for the mother of losing custody of her children in the event of remarriage. The lawyer, however, expresses serious reservations regarding the lack of precision in these potential measures. If guardianship of children, until now automatically attributed to the father, could now be shared between the two parents, the activist questions the practical implementation of this “shared guardianship” : “What does this notion really mean? If the agreement of both parents becomes necessary to make decisions, this could complicate things rather than promote the advancement of the child’s rights.
The lawyer also hoped for a total ban on polygamy, which today remains authorized under certain conditions in the kingdom. If Moroccan women will now have the possibility of objecting when the marriage certificate is drawn up, the Ministry of Justice has specified that a man could always unite with a second woman in the event of sterility or illness of his first wife. This provision is considered “shocking” by Ghizlane Mamouni, who sees it as an attack on the privacy of Moroccan women and a violation of medical confidentiality. “Nothing is wrong with this new version because it was men who wrote it in order to reaffirm their domination and preserve their privileges,” adds Ibtissame Betty Lachgar, human rights activist, on the X network.
Feminist measures poorly received by conservatives
In 2004, a first revision of the Moudawana constituted a major turning point by significantly improving the rights of women in the country. Twenty years later, this new reform of the family code still faces significant resistance in a country where Islam is the state religion. Certain measures desired by feminist activists are thus perceived by the most conservatives as being in contradiction with traditional interpretations of sharia.
On Monday, King Mohammed VI, who launched this revision of the family code in 2022, reaffirmed that the amended text should be based on “the principles of justice, equality, solidarity and harmony” with the precepts of Islam and universal values, in order to protect the Moroccan family. “Unfortunately, the reform of the family code remains trapped between a religious reference and universal human rights, concludes Ghizlane Mamouni. It is necessary to take a clear position in order to move forward.”
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