Know about Morocco’s new family code reforms that has displeased everyone!
Moroccan public especially women were waiting for a long time for reforms in the country’s family code laws. But though the reforms came, they have disappointed everyone.
Moroccan new family code reforms
The family code law reforms were long-awaited. People of Morocco, especially the women folk were eagerly waiting for these reforms.
The government of Morocco held several deliberations and consultations over the past one year on drafting reforms for the family code of the country. The committee also had religious heads on the panel.
The panel included Justice Minister Abdellatif Ouahbi as well as Religious Affairs Minister Ahmed Taoufiq. And the draft was released on 24th December this year. These law reforms are related to divorce, marriage, and inheritance.
Women and general public had expected something more and different from the government. But the government seems to have disappointed them.
What are the ‘claimed’ reforms?
In the draft reform of Moudawana of Morocco, gender inequality and polygamy have not been addressed. These continue to remain legal in the updated laws. Polygamy is restricted but is still allowed with wife’s permission. Also, men can remarry if wife is ill or not able to conceive.
Earlier, it was proposed that underage marriages would be illegal and punishable. Those marrying under the age of 18 would be doing a criminal act. This has been drafted in the new reform but it gives the judges the power to excuse and pardon girls who marry at age 17. But under what criteria they can do so, is not clear.
Previously, after divorce, guardianship of children was automatically handed over to fathers. But now, the custody of children of divorcing partners would be shared by both parents. Additionally, mothers would continue to have their children’s custody even if they remarry.
Division of assets post-divorce has been stated but not explained well.
Reactions of people of Morocco
However, the new laws have failed to give women rights to inherited properties.
Taasib continues under the new reform. In this, the girl who is orphaned and has no brothers has to share her inherited property with male relatives, distant or near. This has not been abolished due to pressure of The Higher Council of Ulemas (religion scholars).
Moreover, inheritance inequality also remains as before with males getting double share of female offsprings. But the reform states that parents can give unlimited donations to their female children.
The reforms came but failed to please everyone. They were all below expectations. Neither progressive individuals nor conservatives were happy with it. Fouzia Yassine from the Democratic Association of Moroccan Women stated:
“This is not the radical reform we were expecting, even if there are some positive advances,”
This association was founded in 1985 in Rabat, Morocco.
Feminist activists feel that the reforms undermine women and are still patriarchal. One such activist, Ibtissame Lachgar says:
“There is nothing wrong with this new version because it was written by men in order to reaffirm their dominance and preserve their privileges,”
It was an all-male committee that drafted the changed laws. They sidelined female voices as they had done in the past. In 2003 when last reforms took place, those asking for property inheritance equality were accused of being blasphemy.
Conservatives are also upset with the reforms calling them anti-men. Ahmed Raissouni, who is the former president of the International Union of Muslim Scholars feels that the new laws are against men before, during, and after their marriage, divorce, and death. He added that these laws would lead to a Hindu type of society where women would have to pay men a dowry instead of the other way round that is prevalent in Islamic societies.
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Posted on: Thursday, January 2 2025
