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The New Muslim Personal Status Law in Morocco

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1 The New Muslim Personal Status Law in Morocco: Context, Proponents, Adversaries, and Arguments Moha ENNAJI (Rutgers University & University of Fès, Morocco) Introduction Morocco has recently approved one of the most progressive laws on women's and family rights in the Arab world, which will see polygamy almost completely eradicated from the north African country. Last-ditch attempts by Islamist deputies in parliament failed to derail a law which had the backing of King Mohammed VI. "There are men who, for physical reasons, cannot satisfy themselves with only one wife," one Islamist deputy was reported as arguing during a month of parliamentary debate that ended at the weekend. "In that case they should seek treatment," the religious affairs minister, Ahmed Toufiq, reportedly replied. The changes to the "mudawana" family code make polygamy acceptable only in rare circumstances, and only with the permission of a judge and a man's first wife. They also raise the age of marriage for girls from 15 to 18 and give wives "joint responsibility" with their husbands in family matters. The change to the family code came nine months after a resurgence of radical Islamist violence, with suicide attacks claiming the lives of 45 people in Casablanca. King Mohammed VI delayed instituting the reform after Islamists brought hundreds of thousands of people out on to the streets to protest at any change to the mudawana. Islamists have now accused the king of bowing to pressure from Europe and the US. Within the Arab world, only Tunisian women now enjoyed equal or better rights than their Moroccan counterparts. Several women associations and women parliament members have voiced support to the proposed family law (Mudawana) reforms, describing the amendments as "an initiative that would contribute to the edification of a modernist and democratic society." These reforms, which put family under the joint responsibility of spouses, make polygamy almost impossible and re-organize marriage and divorce regulations. The 35 Women members of the2 House of Representatives said in a message to the king the proposed reforms are a "landmark" that does justice to women, preserve men's dignity and protect children's interests. The reforms reflect the king's resolve to promote the situation of women while respecting the principles of Islam. For their part, several women associations called the reforms a "victory" for Morocco and an evidence to a strong political will to halt the injustice toward Moroccan women. The new initiative giving more rights to both men and women will definitely have a positive impact on families. The national coordination commission of women associations said the reforms meet the aspirations of Moroccan citizens and enhance justice, equity and equality in conformity with the teachings of Islam and international conventions. The King said the reform, which has recently been endorsed by parliament, was designed to end "the iniquity weighing on women". But he has had to tread a fine line in what is a very controversial subject. Morocco’s family law - or mudawana - has been one of the most hotly debated and divisive issues in the country in recent years. The law, based on Islamic Sharia, has left women in a vulnerable position within the family. Husbands have been able to divorce their wives easily, and turn them out of the home, while it has been very difficult for women to get out of abusive relationships. Now part of that law is going to change. Eleven Main Reforms In an October 10, 2003 speech to members of the Moroccan parliament, King Mohammad VI introduced eleven fundamental3 reforms in a new Family Law proposed in Morocco. The following are the eleven main reforms: 1- Men and Women are Equal Before the Law - A modern form of wording is adopted instead of that which undermines the dignity of women as human beings. The reform makes husband and wife jointly responsible for the family, in keeping with the words of Prophet Mohammad, who said that men and women were equal before the law, and also with the saying: 'Only an honorable man will honor them (women); and only an ignoble man will humble them.' In the previous law, the wording was unfavorable to women; it treated women as dependent and minors; women were more like men’s property than independent individuals. 2- A woman who has come of age is entitled to guardianship as a right, if she so chooses or if it serves her interest, in accordance with one of the interpretations of the Koranic verse which stipulates that a woman shall not be forced to marry against her free will: '.place not difficulties in the way of their (re-)marrying their husbands if it is agreed between them in kindness.' A woman may, of her own free will, entrust guardianship to her father or to a relative. The elements of the Mudawana that were particularly oppressive to women were based on the first principle from which all the injustice comes. The woman was under the guardianship of her father and later on her husband. This prevented women from having legal independence or autonomy. In the old personal status law, a woman, no matter how old, was under the guardianship of her father until her marriage, and then she fell under her husband’s authority. She had no say if he chose to take up to three other wives, or to unilaterally divorce any of them. The old law left women with little control over their own lives, or their children’s. 3- Equality between men and women is ensured by setting the minimum age for marriage at 18 years for both of them. The judge may, however, lower the age for marriage in certain justifiable cases. Also equality is ensured between boys and girls placed in custody, by allowing them to choose their custodian at the age of 15.".4 In the old code, the minimum age for marriage was 15 for girls and 18 for boys. Polygamy is Almost Impossible 4-


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