The secretary general of the Justice and Development Party (PJD), Abdelilah Benkirane, could not let the question of reform of the Family Code pass without speaking out. In this sense, he expressed his concerns about the recent proposals. In particular, he focused on the exclusion of the marital home from inheritance, highlighting the significant ramifications that these proposals could have on the rights of heirs.
Speaking in a video posted Thursday evening on his party’s YouTube channel, Abdelilah Benkirane challenged the body responsible for revising the Family Code, urging it to clarify the proposals “ controversial » put forward by the Ministers of Justice and Islamic Affairs. Among these proposals, the exclusion of the marital home from inheritance sparked a strong reaction.
The SG of the PJD pointed out that repealing the right of inheritance representation, as desired by some, has been rejected by scholars due to its strong foundations in Islamic legal texts. Accordingly, he indicated that the option of excluding the marital home would not only be unfair, but would also harm a woman’s fundamental housing rights, while depriving all heirs, whether parents, children or loved ones, of this essential right. “ The heirs will have to wait until the death of the wife to have access to the inheritance, without knowing in advance who will inherit from her“, he remarked, noting the need for legal clarification on this complex issue.
Benkirane also highlighted the dilemmas faced by family members in death situations. He thus asked himself “ if the house goes to the wife and the husband’s mother lives there, what will happen to her in the event of eviction? What then for the wife’s house if she resides with her parents?« .
In the same line, the leader of the PJD spoke of the tragic situation of women who, after the loss of their husbands, often have to wait indefinitely for their inheritance, while their children live in uncertainty about their future. By insisting on the fact that « these rights are established by God and must be preserved“, he asked the Authority to clearly define the conditions of access to marital housing, both for the wife and for the other heirs.
Moreover, Benkirane considered the justifications behind these proposed modifications as “ irrational“. He advocated for the protection of women and their children against the consequences of wandering, while ensuring that housing rights are respected. In this sense, he proposed deducting a part of the value of the house to allow one of the spouses to obtain alternative housing if the inheritance proves insufficient.
Faced with these challenges, the SG of the Lamp Party urged reflection and the development of solutions that respect the rights of everyone, while ensuring not to leave the legitimate heirs, in their majority, deprived of an inheritance of significant value. According to him, this is a complex issue that requires sustained attention and appropriate responses to ensure justice and equity within the legal framework.
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