Marrakech- The interest of Moroccans has increased in the last two days in the question of the modification of the Family Code, after the body responsible for examining it revealed, last Monday, the most important content of the modifications, as well as the content of the legal opinion of the Supreme Scientific Council. Council, which members of the government presented to King Mohammed VI during an official workshop.
The proposed amendments have sparked reactions on social media that reflect some of the discussions Moroccans are having in their homes and on forums regarding the impact of the amendments on their stance on the idea of marriage.
Someone wrote on the platform Facebook“Marriage has become closer to the concept of business than of cohabitation and dress code.” Another replied: “Whoever thinks about divorce, it is better not to think about marriage at all. »
As for women’s associations, human rights organizations and political parties of various intellectual orientations, whether conservative, who call for clinging to local power and taking into account specificity of Moroccan Muslim society, or modernists, who insist on the need to adopt international conventions. and at the pace of the evolution of human rights, each of them has received – from its own point of view – amendments. It is proposed with a cautious positivity, in which each party sees the satisfaction of some of its demands, while waiting for others to be satisfied. encounter.
Controversial
The proposals for amendments arose after the Government adopted a consultative methodology, with royal instructions, with which it received proposals from various directions in the context of reaching a consensus which was not easy, while An intense debate awaits them under the dome of the Moroccan Parliament after their approval by the Government Council, before they become binding laws.
In a statement to Al Jazeera Net, the human rights activist responsible for the Al-Zahraa Forum (a women’s network), Saleha Boulqjam, welcomed the activation of the controls set by the king, referring to the reforms linked to aspects of a judicial nature and civil. to specialists and referring aspects based on Islamic Sharia texts to the Supreme Scientific Council.
Boulqjam appreciated the rejection of all proposals that conflict with the final texts, as she says, while opening the door to diligence in the field of family transformations on a moral and social level.
For her part, the coordinator of the Donia Coalition (Women’s Network), Amal Al-Amin – in an interview with Al Jazeera Net – described the existing controversy over the family code as a healthy and necessary phenomenon, which reflects the vitality of society and its desire to develop its legal system in line with social, economic and cultural transformations.
She stressed that the discussions taking place between the different parties and actors constitute a valuable opportunity to enrich perceptions and enrich visions, with the aim of achieving the formulation of a balanced and fair family code which takes into account the rights of all components of society, whether they are women, men or children.
Changes
Some of these proposals have been disappointing for some and reassuring for others. Human rights activist Amal Al-Amin considered these amendments a positive step towards social justice and strengthening the rights of individuals within society. However, she expressed her deep dissatisfaction with this refusal. to adopt genetic expertise (DNA testing) to prove lineage, on the grounds that it is a flagrant violation of the rights of children born out of wedlock.
She considered the issue of setting the age of marriage for minors at 17 as a conditional exception, a positive measure, even if this does not fully meet her aspirations to protect the rights of children, stressing that maintaining its strong support for the recommendations calling for a ban on child marriage and its explicit criminalization, since marriage at an early age, although an exception, exposes girls to numerous risks that affect their rights to education , to health and good development, and hinders their effective contribution to society.
In turn, Professor of Fundamentals of Jurisprudence and Objectives of Sharia, Idris Ohna, expressed to Al Jazeera Net his satisfaction with the results of the revision of the code by including, in general, fair and important amendments, such as the right of women to the right to legal proceedings and the right to custody, and the recognition of cases of free marriage to legalize the legal situation and protect the rights, subject to subsequent documentation and activation. A proposal from the Supreme Scientific Council regarding the issue of daughters’ inheritance. , excluding the marital home from the inheritance, and making consensual divorce the subject of a direct contract between the spouses without the need for legal proceedings.
Ohna, who heads the Al-Qarawiyyin Study and Research Center, which participated in the consultations, also pointed out that these amendments included some final legal decisions with the necessary protection, such as the origin of agnate, not relying on genetic expertise. prove legal lineage and reject inheritance between a Muslim and a non-Muslim.
But he added that the article relating to polygamy tends to further restrict polygamy with conditions closer to prohibition than authorization, which he does not consider correct.
satisfaction
In the context of the reactions, Khaled Al-Samadi, former Minister of the Justice and Development Party, expressed satisfaction with the removal of amendments such as intolerance of the inheritance system, equality in matters of inheritance between men and women, the prevention of polygamy, the criminalization of the marriage of a minor under 18 years of age and the granting of a lineage to the newborn, even if it is a relationship illegal, and difference in religion is not taken into account in inheritance between spouses.
On the other hand, the Party of Progress and Socialism welcomed, in a press release, the raising of the age of marriage from 16 to 18 years, while authorizing it to 17 years, under conditions and within the framework of a circle of exception, and also restricting polygamy by setting new conditions, in addition to welcoming equality in the compulsory will between sons and daughters, improving the standards of alimony and accelerating the resolution of divorce case.
During his presentation of the broad outlines of the proposals for revising family law during a communication meeting yesterday Tuesday, Abdel Latif Wehbe, Minister of Justice belonging to the Authenticity and Modernity party, was more enthusiastic by only mentioning amendments, setting in particular the age of marriage, the restriction of polygamy and new divorce and divorce procedures.
As well as the new framework for managing money earned during the marital relationship, while valuing the work of the wife within the home, by not losing custody of the divorced mother despite her remarriage, by representing legal a joint right during marriage and after divorce, and the right of the husband or wife to retain the marital home, in the event of the death of the husband.
Law and education
As part of the amendments to the Code which guarantee the maintenance of the Moroccan family in a climate of conviviality and harmony, Boulgjam stressed the need to adopt a judicial reform which preserves the privacy and dignity of the Moroccan family, and to activate family mediation institutions. with the aim of reducing divorce rates and manifestations of reluctance to marry in the country.
While Amal Al-Amin confirmed that the increase in the divorce rate after the adoption of the Family Code in 2004 is not a negative indicator but rather an expression of women’s ability to make crucial decisions regarding their lives, which reflects an evolution in individual rights and freedoms, since the Code came to establish the principle of equality between the two sexes and give women the opportunity to express themselves legally, which contributes to achieving a sort of long-term social and family balance term.
Both speakers agree that laws constitute a fundamental basis for organizing society and protecting rights, but they remain insufficient if they are not accompanied by good socialization, in addition to awareness campaigns to establish the principles of respect and shared responsibility within the family.