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Morocco's Family Code Reform Sparks Debate Between Traditionalists and Modernizers
In a significant development that echoes Morocco's 2004 Moudawana reforms, proposed amendments to the country's Family Code have ignited an intense debate between religious conservatives and progressive reformers. The controversy centers around 139 new amendments presented by Justice Minister Abdellatif Ouahbi, touching all seven books of the Family Code.
The League of Moroccan Arab Scholars, an unofficial organization established in Istanbul in 2013, has mounted strong opposition to these reforms, claiming they violate Islamic law principles. However, their stance has drawn criticism from moderate Islamic scholars who argue the League's position misrepresents both religious doctrine and the proposed changes.
Key Reform Proposals
The amendments introduce several significant changes to family law:
- New marriage procedures that maintain religious character while modernizing the institution
- Flexible documentation requirements for Moroccans abroad, particularly regarding witness requirements
- Enhanced women's rights in marriage, including strict controls on polygamy
- Shared legal guardianship between spouses during marriage and after separation
- Recognition of women's domestic work as contributing to marital wealth
- Protection of divorced mothers' custody rights, even after remarriage
- Introduction of non-judicial mediation bodies for family disputes
- Streamlined divorce procedures with six-month resolution deadlines
- Updates to inheritance matters, including provisions for daughters and interfaith marriages
Religious and Legal Controversy
The League's opposition focuses on several contentious points, including claims that the reforms would:
- Force people to seek religious fatwas instead of court rulings
- Increase young people's reluctance to marry
- Violate Islamic law consensus
- Wrongfully deprive husbands of established rights
However, Islamic scholar Adil Reffouch, General Supervisor of the Ibn Tashfin Foundation, has criticized the League's stance as lacking precision and containing dangerous exaggerations. He particularly challenged their misrepresentation of the witness requirement changes and their broad claims about religious consensus.
Religious Support for Reform
Scholar Abderrahim Al Amine has provided religious justification for the reforms, citing classical Islamic jurisprudence. He notes that legal guardianship isn't explicitly addressed in religious texts and argues that today's mothers are equally capable of serving children's interests. He also references historical precedents supporting custody rights for remarried mothers and flexible witness requirements in marriage.
Historical Context
The current debate reflects what Moroccan historian Abdallah Laroui identified as persistent dualities in modern Arab thought. These reforms represent Morocco's latest attempt to balance Islamic principles with contemporary social needs, challenging the traditional binary opposition between cultural authenticity and modern progress.
His Majesty King Mohammed VI, as Commander of the Faithful, has maintained a balanced approach, directing the Higher Council of Ulema to review proposals for alignment with Islamic principles while encouraging "open and constructive Ijtihad" (religious interpretation).
The reforms aim to create a modernized Family Code that responds to societal developments while strengthening women's status, protecting children's rights, and preserving men's dignity. This effort exemplifies Morocco's ongoing navigation between traditional values and contemporary social needs, reflecting a broader pattern of social evolution in the Arab world.