Morocco is set to undergo significant changes to it’s Family Code, known as the Moudawana, following the approval of over a hundred amendments by King Mohamed VI and the Higher Council of the Ulema. This reform, which has faced several months of delays, will now move to Parliament for a likely six-month debate, highlighting the ongoing tensions between conservative and liberal factions within the country. Advocates for women’s rights are closely monitoring the situation, as these amendments could reshape gender equality and family dynamics in Morocco.Feminist and human rights organizations are expressing disappointment over the recent revisions to the Family Code,which,while introducing some improvements for women’s rights,fall short of extensive equality. The updated legislation addresses certain exemptions for underage marriages and enhances women’s roles in guardianship and child custody. Though, it controversially retains the practice of polygamy, allowing it only with the consent of the first wife, particularly in circumstances of infertility or health issues. Advocates are urging lawmakers to revisit the legislation to ensure it fully aligns with the aspirations for gender equality and the protection of women’s rights.Morocco has recently updated its family law,maintaining the legal marriage age at 18 while allowing family judges to grant exemptions for minors starting at 17,a shift from the previous threshold of 15. This reform also introduces shared custody for children, ensuring both parents retain rights post-divorce, a significant victory for women’s rights advocates. Additionally, while the inheritance laws remain unchanged, parents now have the option to bequeath assets to their daughters, marking a progressive step towards gender equity in familial financial matters. These changes reflect Morocco’s ongoing commitment to modernizing its legal framework in response to societal demands.Moroccan activist Betty Lachgar has voiced strong criticism of the newly published Family Code, asserting that it perpetuates gender inequality and undermines women’s rights. In an interview with elDiario.es, Lachgar, a member of the Alternative Movement for Individual Freedoms (MALI), argued that the reform process has been dominated by male perspectives, resulting in a legal framework that continues to favor men. She emphasized that the Moudawana, Morocco’s family law, fails to recognize the dignity of women and their contributions, effectively allowing men to maintain control over familial and societal structures. This ongoing debate highlights the urgent need for inclusive reforms that genuinely address women’s rights in Morocco.In a recent discussion on women’s rights in Morocco, feminist activist Lachgar highlighted significant concerns regarding proposed legal changes that could impact women’s status. He criticized the allowance for girls under 17 to marry, arguing that it perpetuates a culture of paedocriminality and limits educational opportunities, effectively confining young women to domestic roles. Lachgar also called for the abolition of polygamy,warning that it places undue pressure on women,particularly those from disadvantaged backgrounds,and reinforces harmful stereotypes. Furthermore,he dismissed the establishment of a conciliation body for divorce as a misguided effort that overlooks the realities of male violence,suggesting it may inadvertently support a culture of abuse. These insights underscore the ongoing struggle for gender equality in Morocco, as activists continue to advocate for meaningful reforms.In a significant move towards gender equality, the recent reform of Morocco’s Family Code has sparked discussions among feminist groups, particularly regarding the rights of children born outside of marriage. Activists are advocating for the inclusion of DNA testing to establish paternity, which would grant legal recognition to these children, often labeled as “illegitimate.” While the new code mandates that biological parents provide support and allows for inheritance rights through wills,many believe that true reproductive autonomy for women and equal recognition for all children remains unaddressed.As the debate continues,the call for comprehensive reforms highlights the ongoing struggle for women’s rights in Morocco.Morocco’s ongoing struggle with women’s reproductive rights has intensified as the nation grapples with the implications of its strict abortion laws. Despite efforts to bolster family structures, the period from 2011 to 2021 saw significant political turbulence, particularly under the leadership of the Justice and Development Party.Women in Morocco face severe consequences, including social stigma and clandestine procedures, as they navigate a landscape where legal access to abortion remains largely prohibited. Activists are calling for reform, emphasizing the urgent need for a dialog on women’s health and rights in the country.In a significant move reflecting Morocco’s complex political landscape, the monarchy has sought the counsel of religious scholars regarding proposed reforms to the Family Code, which governs inheritance rights.Despite the National Rally of Independents’ Aziz Akhannouch leading the government following the 2021 elections, the ulama’s input has been deemed crucial in navigating the delicate balance between modern legal frameworks and traditional Islamic law. The decision to exclude inheritance reform underscores the ongoing tension between progressive aspirations for gender equality and the adherence to Sharia principles,a cornerstone of the Moroccan Constitution. As discussions continue,the implications for women’s rights and family dynamics in morocco remain a focal point of national interest.
Discussion Between Time.news Editor and Expert on Moroccan Family Code Amendments
Time.news Editor: welcome everyone to today’s discussion! We’re diving into the critically important topic of Morocco’s recent reforms to its Family Code, the Moudawana, which have sparked considerable conversation both locally and internationally. We have wiht us Dr. Samira El Houssine, an expert in gender studies and Moroccan law. Thank you for joining us, Dr. El Houssine!
Dr. Samira El Houssine: Thank you for having me! It’s an important moment for Morocco, and I’m eager to discuss the implications of these changes.
Time.news Editor: Absolutely. The approval of over a hundred amendments by King mohamed VI and the Higher council of the Ulema signifies a monumental shift. What do you view as the most critical aspect of this reform?
Dr. Samira El Houssine: One of the most critical aspects is the legal marriage age being set at 18, with the possibility of exemptions starting at 17. This represents a move toward safeguarding minors while recognizing complex social realities. However, the retention of polygamy—though it requires the first wife’s consent—raises eyebrows. It suggests that traditional practices still hold considerable weight in Moroccan society.
Time.news Editor: Indeed, the tension between modernity and tradition is palpable. Feminist organizations have expressed disappointment over the amendments,noting they do not fully address gender equality. How do you respond to that sentiment?
Dr. Samira El Houssine: I understand their frustration. While the reforms introduce positive changes, like shared custody and enhanced guardianship rights for women, they still fall short of achieving comprehensive equality. Policies shaped by male-dominant perspectives can overlook the needs and voices of women. if these reforms don’t address basic issues like polygamy and inheritance rights effectively, they can be seen as merely performative.
Time.news Editor: The discourse surrounding polygamy is indeed controversial. Betty Lachgar, a prominent activist, has slammed the reforms as perpetuating gender inequality. How can we reconcile the call for social progress with these traditional norms?
Dr. Samira El Houssine: That’s a delicate balance. On one hand, respecting cultural traditions is important; on the other, these traditions should not infringe upon women’s rights and dignity. Progressive dialog must include feminist viewpoints that advocate for equal rights, emphasizing that tradition can evolve without sacrificing the rights of half the population.
Time.news Editor: You mentioned shared custody as a notable advancement. How do you see this impacting family dynamics in Morocco?
Dr. samira El Houssine: Shared custody is a major victory for women’s rights advocates. It acknowledges the role of both parents in child-rearing and aims to minimize conflicts post-divorce, benefiting children in the long run. However,its success depends on implementation and a cultural shift that recognizes fathers as active caregivers. This is where continued advocacy and public education are vital.
Time.news Editor: With the legislation now heading to Parliament for debate, what steps do you think activists should focus on to ensure these laws reflect true gender equity?
Dr. Samira El Houssine: activists must engage with lawmakers, providing thorough evidence and arguments for why certain amendments are necessary. They should mobilize grassroots support to keep the pressure on the government to revisit and revise contentious aspects. Building alliances with progressive factions within the government could also help bridge divides between conservative and liberal factions.
Time.news Editor: It truly seems clear that while Morocco is on the path toward modernization, the journey is complex and fraught with challenges. Thank you, Dr. El Houssine, for sharing your insights on this crucial topic. we look forward to seeing how this debate unfolds in Parliament!
Dr. Samira El Houssine: Thank you! I hope for constructive discussions that will pave the way for a more equitable society.
Time.news Editor: Thank you to our audience for joining us. Stay tuned for more updates on this and other important issues affecting our world today!