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Society

Navigating Morocco's Delicate Balance: The Struggle for Family Law Reform and Islamic Identity

Monday 15 April 2024 - 09:50

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The Friedrich Naumann Foundation for Freedom (FNF), a German organization promoting liberal politics, has recently shed light on Morocco's intricate journey to reform its family law, known as the Moudawana, while delicately navigating the country's Islamic identity.

The Moudawana, consisting of 400 articles, governs the basic civil status of women in Moroccan society. Despite its progressive elements, it has faced scrutiny for its perceived misalignment with the nation's progressive constitution adopted in 2011. While Morocco boasts one of the most progressive legal frameworks for women in the region, the FNF observes persistent disparities and disadvantages within Moroccan civil and criminal law.

Central to the reform discourse are contentious issues such as the marriage of minors and inheritance laws, which grant women half of what men receive. Notably, His Majesty King Mohammed VI has been a driving force behind reform, emphasizing the principle of equality in a 2022 speech. Following no immediate action, the monarch reiterated his demand last autumn and imposed a deadline for a reform proposal.

The FNF underscores the participatory nature of the ongoing revision process, with hundreds of civil society organizations presenting their petitions and recommendations to the Commission. However, the discourse remains divided between conservative and religious factions, fearing erosion of the country's Islamic identity, and progressive and liberal groups advocating for laws to reflect evolving social norms.

Samira Muheya, President of the Women's Rights Federation FLDF, sees the Moudawana reform as an opportunity to rectify "legal injustices, discrimination, and violence against women in both the text and application of the law." Sebastian Vagt of FNF acknowledges that "whatever the outcome, the reform process and the accompanying social debate in Morocco are remarkable, reflecting the nation's genuine commitment to continuing its successful development, not only economically but also socially."

As Morocco grapples with this delicate balancing act, its dedication to progress and Islamic heritage will be tested. The outcome of the Moudawana reform will significantly shape the nation's future, influencing its pursuit of a more equitable and inclusive society.