CBelow, the press release from the Royal Cabinet:
“His Majesty King Mohammed VI, may God help him, chaired, Monday at the Royal Palace in Casablanca, a working session devoted to the question of revising the Family Code.
This session comes after the Authority responsible for revising the Family Code submitted to His Majesty the King, following the end of its mission within the allotted time, a report containing more than 100 amendment proposals, and after that His Majesty the King, Amir Al-Mouminine, has kindly contacted the Superior Council of Ulemas concerning certain proposals relating to religious texts on which the Council has issued a legal opinion.
It also comes after HM the King, may God glorify Him, has made the necessary arbitrations regarding questions on which the Authority has issued more than one opinion or those whose revision required recourse to the opinion of the Sharia law, which Royal arbitrations have given priority to choices which fit with the benchmarks and purposes defined in the Royal Letter addressed to the Head of Government, as well as those set by the standards governing the action of the Authority, to their head the norm of 'Do not prohibit what is permitted nor permit what is prohibited'.
During this session, the Minister of Justice, Mr. Abdellatif Ouahbi, in his capacity as member of the Authority responsible for revising the Family Code, presented before His Majesty the King a presentation on the approach and methodology work of the Authority, particularly the listening and hearing sessions organized by the Authority as well as the most important proposals which resulted from them, which it included in its aforementioned report, in addition to the expected purposes of these.
The Minister of Habous and Islamic Affairs, Mr. Ahmed Toufiq, presented, in his capacity as member of the Superior Council of Ulemas, the conclusions of the Council's Opinion which established the essential legal basis of certain proposals of the Authority and took into account the principle of Maslaha (interest) to find Shariah-compliant solutions regarding other proposals. This represented an opportunity to highlight the capacity for constructive Ijtihad in the deduction of the rules of Sharia, the golden mean and the moderation of the Moroccan School of Fiqh, which draws its foundations from the religious constants of the Kingdom.
In this context, His Majesty the King, Amir Al-Mouminine, called on the Superior Council of Ulemas to continue reflection and adopt constructive Ijtihad on the question of the family, through the creation of an appropriate framework within of its structure, with a view to deepening research on the issues of Fiqh linked to the developments experienced by the Moroccan family, and which require innovative responses in line with the demands of the day.
In order to clarify the main contents of the revision of the Family Code, the Sovereign instructed, during this session, the Head of Government and Ministers, to communicate with public opinion and keep it informed of new developments. of this revision, which the government will ensure, within a reasonable time, to develop and formulate as part of the legislative initiative, in accordance with the relevant constitutional provisions.
Concerning the legislative phase of the revision of the Family Code, and the discussions and votes which will follow in the two Chambers of Parliament, His Majesty the King, may God preserve him, recalled the benchmarks and the foundations which should govern it , as contained in the aforementioned Royal Letter. These are the principles of justice, equality, solidarity and coherence advocated by the Holy Religion of Islam, as well as the universal values emanating from international conventions ratified by Morocco.
His Majesty the King also underlined the need to keep in mind the desire for reform and openness to progress, desired by the Sovereign through the launch of this promising reform initiative, twenty years after the implementation of the Family Code, and to guarantee the protection of the family on legal, social and economic levels.
The Sovereign also insisted on the imperative of perceiving the content of the reform in a framework of complementarity, in the sense that it does not favor one party to the detriment of the other, but concerns the Moroccan family, which constitutes the basic cell of society', which involves ensuring the elaboration of all of the above in the form of clear and intelligible legal rules, in order to avoid contradictory judicial readings and cases of conflict in their interpretation.
His Majesty the King, may God help him, also drew attention to the imperative of giving the necessary attention to all the other prerequisites supporting and reinforcing the revision of the Family Code, which he acts to consolidate the experience of family justice, to revise the legislative and regulatory texts relating thereto in the light of new constitutional provisions, or to develop awareness programs allowing citizens to access to the law and to better assimilate their rights and obligations.
This working session was attended by the Head of Government, Mr. Aziz Akhannouch, the Minister of Justice, Mr. Abdellatif Ouahbi, the Minister of Habous and Islamic Affairs, Mr. Ahmed Toufiq, and the Minister of Solidarity, Social integration and the Family, Mrs. Naima Ben Yahia.”
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