Revision of the Family Code: here are the main reforms linked to the Muslim religion

In a presentation before King Mohammed VI, during a working session chaired by the Sovereign, Monday December 23 at the Royal Palace in Casablanca, Ahmed Toufiq, Minister of Habous and Islamic Affairs, listed the main proposals of the Authority responsible for the revision of the Family Code relating to Sharia, and who have received an assent from the Superior Council of Ulemas.

In accordance with the decision of King Mohammed VI to kindly submit 17 questions to him for legal advice, the opinion of the Superior Council of Ulemas was consistent with the majority of these questions, while specifying the possible modalities for compliance of the others with the Sharia rules.

Three questions relate to formal texts not authorizing Ijtihad. These are:

– the use of genetic expertise to establish paternal filiation;

– the abrogation of the rule of Taâsib

– succession between a Muslim and a non-Muslim.

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The minister, in his capacity as a member of the Superior Council of Ulemas, added that the Council has given its approval to the Commission's proposals concerning:

– the possibility of concluding the marriage certificate for Moroccans residing abroad without the presence of two Muslim witnesses if this proves impossible;

– the granting of legal guardianship of the children to the mother responsible for custody;

– consideration of the wife's work within the home as a contribution to the development of assets acquired during the matrimonial relationship.

It is also:

– the obligation of Nafaqa for the benefit of the wife from the establishment of the marriage certificate;

– the exclusion of the marital home from inheritance;

– the prioritization of the debts of both spouses resulting from the community of property in relation to other debts by virtue of their association;

– maintaining custody of the divorced mother over her children, even in the event of remarriage.

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The minister indicated that the opinions expressed by the Ulemas were submitted for the appreciation of the King, from the point of view of Maslaha (Interest) which constitutes the higher purpose of religion, while emphasizing the foresight which distinguishes the Supreme Imamate and the desire of Amir Al-Mouminine to reconcile, within the framework of the reform process, between the preservation of religious and national constants and the concern to guarantee Moroccans greater dignity and of fairness, taking into consideration the developments that society is experiencing.

The minister expressed the pride of the members of the Superior Council of Ulemas after HM the King kindly contacted the Council to express its opinion on certain proposals from the Authority responsible for revising the Family Code relating to Sharia, based on the Sovereign's concern to involve the Ulema in making decisions related to the preservation of the constants of the religion and the place of Imarat Al-Mouminine.