Morocco’s Family Code Under Scrutiny: A Push for Modernization
Morocco is currently engaged in a national conversation about modernizing its Family Code (Moudawana), sparking debate and discussion across the country. This comes as the Justice, Legislation, and Human Rights Committee of the House of Representatives prepares to meet and discuss revisions to the code, a move reflecting a growing need to address evolving societal norms and ensure greater equality and protection within families.
The committee, chaired by Saïd Baaziz, is scheduled to convene on January 7, 2025. Ministers of Justice (Abdellatif Ouahbi) and Islamic Affairs (Ahmed Toufiq) will be present to delve into the proposed amendments. This meeting is a direct response to calls from the opposition for greater transparency and clarity on the process. Idriss Sentissi, head of the Istiqlal Party in the House of Representatives, urged the government to address public concerns and dispel rumors circulating about the proposed changes. He highlighted the King’s role in proposing amendments to religious texts to the Supreme Scientific Council and tasking the government with engaging in public discourse on the matter.
This push for reform underscores the importance of open communication in legislative processes. Rashid Hamouni, head of the Progress and Socialism Party, criticized the government’s handling of the issue, arguing that poor communication has fueled misinformation on social media. He advocated for a calm and inclusive national dialogue led by experts from various fields, emphasizing that gender equality extends beyond legal texts and requires a comprehensive strategy to foster a culture of democratic values and human rights. This sentiment echoes global movements advocating for more inclusive legal frameworks that reflect the realities of modern families. For example, countries like Tunisia have made significant strides in recent years to reform personal status laws, offering potential models for Morocco to consider. [Link to relevant article about Tunisian family law reform]
The proposed amendments, unveiled on December 24, 2024, tackle contentious issues such as inheritance, divorce, child custody, polygamy, and the informal “Fatiha” marriage. A key proposal is setting the minimum marriage age at 18 for both genders, aligning with international conventions on the rights of the child. [Link to UN Convention on the Rights of the Child] These proposed changes reflect a broader global trend towards strengthening legal protections for women and children within family structures. According to [Source – e.g., UN Women or other relevant organization], [Statistic about child marriage or other relevant data point].
The government is currently finalizing the draft legislation, incorporating the proposed amendments and the opinion of the Supreme Scientific Council. The draft will then be submitted to Parliament for review by the Justice and Legislation Committee, where further amendments may be introduced before being voted on in a plenary session. Following this, the draft will proceed to the House of Councillors for a similar legislative process. If the second chamber proposes any changes, the draft will return to the House of Representatives for a second reading before final publication in the Official Gazette and implementation.
This meticulous legislative journey highlights the significance of the proposed changes and the government’s commitment to a thorough and transparent process. The outcome of this process will undoubtedly shape the future of family law in Morocco and could serve as a catalyst for similar reforms in the region. The ongoing national conversation surrounding the Family Code demonstrates a commitment to adapting legal frameworks to the evolving needs of Moroccan society and ensuring a more just and equitable future for all citizens.
Keywords: Morocco, Family Code, Moudawana, Family Law Reform, Gender Equality, Child Marriage, Inheritance Law, Divorce Law, Child Custody, Polygamy, Fatiha Marriage, Parliament, House of Representatives, House of Councillors, Abdellatif Ouahbi, Ahmed Toufiq, Saïd Baaziz, Idriss Sentissi, Rashid Hamouni, Supreme Scientific Council, Islamic Law, Legal Reform, Human Rights.
