King Mohammed VI’s speech, addressed to the Moroccan people on the occasion of Throne Day on Saturday, July 30, 2022, underlined the need to review the family code, underlining at the same time the phrase “I will not allow what God has prohibited, and I will not forbid what God has permitted”, which is the same phrase that had been mentioned above and resolved the dispute that had taken place between the “conservatives” and the “modernists” over the Family Code, and their translation was two massive marches in which tens of thousands of demonstrators participated.
Muhammad Choucair, researcher and political analyst, told Hespress that the repetition of this phrase by the Moroccan monarch paved the way for him with the phrase that he is the Commander of the Faithful, whose legitimacy is based on religious foundations, among them the Qur’an and Sunnah. The Koran includes definitive texts, whether on polygamy, dowry or the prohibition of taking one’s own life, so it cannot go beyond these imperative texts in reforms and decisions, especially as regards the family, he adds. Shukair.
The researcher explained that this sentence is a guideline that any modification in the requirements and provisions of the Code and the attempt to overcome some of the shortcomings and differences that accompanied its implementation will not exceed what is stipulated by the final Qur’an. texts, and in this it tries to avoid any political polarization regarding any amendment in the current Code, and avoid repeating the scenario that was characterized by the celebration of marches of the modernist sects in Rabat and rallies of the governorate sects in White House.
A reminder to the Commander of the Faithful
For her part, Asmaa Mahdioui, a researcher in political science, affirmed that the Family Code when it was issued in 2004 constituted a “revolution” at the level of content related to the adoption of the principle of gender equality, the consolidation of the rights of children and women’s rights, and also worked to expand the role of the judiciary in implementing the requirements of the code, creating family justice departments and considering the Public Ministry as an important party in family cases.
The spokeswoman stressed that the practical application of the code has suffered from shortcomings and shortcomings, the most notable manifestations of which are found in the marriage of minors, “if the family code contemplated setting the age for marriage at 18 full solar years for both sexes , and allowed the court to lower this limit as an exception through a reasoned decision specifying the minor’s interest in the marriage. Practical reality makes the exception the rule.
Mehdiwi added that there is a problem related to the many procedures for divorce and divorce and the difference in legal requirements in such a way that legal certainty and good access to justice are not achieved.
Regarding legal representation, the researcher explained that it presents several problems, since the mother is considered as the legal representative as a precaution in case of death or absence of the father, with the possibility that she makes an exception for some urgent matters for the children. children, and this creates several problems for the mother in front of the departments and interests, and forces her to knock on the doors of the judiciary. The urgent need, or public accusation, while the father does not face such difficulties, adds Mahdaoui.
The spokeswoman pointed out that the phrase “I will not allow what God has prohibited and I will not prohibit what God has allowed” is nothing more than a reminder of the King, in his capacity as Commander of the Faithful and protector of the religious. faith and religion in charge of the religious security of Moroccans, that a series of questions that concern the family are definitive questions that cannot be discussed.
On the other hand, Mehdioui highlighted that several legal provisions of the current family code have become inadequate to the changes that Moroccan society is experiencing, to the constitutional transformation and to the international conventions ratified by Morocco, which requires reconsideration and open discussion. about the amendment. , which must include both the objective and procedural aspects, improving the experience of family justice departments to convert them into specialized family courts and providing them with the necessary resources, institutionalizing conciliation and alternative means of conflict resolution, expanding the scope of legal and judicial assistance, as well as paying more attention to the problems of the Moroccan diaspora, whether in relation to the conflict of laws or the problems of intermarriage and its impact on family status.
For its part, the Federation of Leagues for Women’s Rights indicated that the royal speech affirmed that “the construction of a Morocco of progress and dignity that we want will only be done with the participation of all Moroccans, men and women, in the development process. Therefore, we insist once again on the need for the full participation of Moroccan women in all fields”, adding that “here it is not a question of granting free privileges to women, but of granting them their legal and legitimate rights. In today’s Morocco, women cannot be deprived of their rights”.
The federation took note of this speech; Emphasizing that it does justice to women, applies the spirit and provisions of the constitution on equality and parity and the elimination of discrimination based on sex, and places Moroccan women in their natural, balanced and pioneering position because “the Morocco’s progress continues to depend on the advancement of the condition of women, and their active participation in the various areas of development”, as stated in the text of the speech.
The same commission reiterated its demands for a comprehensive reform of the family code, which, after 18 years of its entry into force, evidenced its shortcomings, imbalances and refusals, in accordance with what the country’s constitution recognizes of equality and parity. in its preamble and in chapter 19 of the same.
In a statement received by Hespress, the federation demanded that the national legal arsenal be aligned with the international human rights covenants ratified by Morocco. He also called on “all the patriotic forces of the Illuminati to participate in this great workshop, which concerns women, men, children and society as a whole, because the family code is not only for women.”
He also called for the activation of constitutional institutions and activities related to family and women’s rights, the updating of mechanisms and national legislation to promote their status, as stated in the royal speech, the immediate removal of the Commission of Equity and the empowerment of human and financial resources to play their assigned role in eliminating all forms of gender-based violence and discrimination.