Abstract

Morocco has maintained its identity and adherence to the Islamic faith since before colonialism and after. As a result of such identity the Moroccan monarchy over the years developed the Code of Personal Status (referred to as the mudawana) which affected only the Muslim population. This type of family law was drawn mostly from Islamic doctrines with little or no participation of women. The mudawana has been criticised by many as being one-side and feminist groups have made numerous calls for a reformed mudawana that addressed the plight of women and to improve their status within the wider community. In 2004, the monarchy decided to reform the mudawana as a result of women’s groups pressuring the monarchy to do so. The 2004 reforms has the possibility of enhancing the rights of Moroccan women, for example, a wife is no longer legally obliged to obey her husband, contrary to a widely-held custom which regards obedience as an absolute duty of a Muslim wife, the minimum age for marriage for both parties eighteen years of age, including free and full consent. Polygyny has also been addressed. Although the 2004 version kept the concept of polygyny, there are severe restrictions to curtail this practice, for example, judicial authorisation is required as well as informing the current wife of the prospect. There are certain obstacles that seem to be hampering the full implementation of 2004 reforms which are discussed in this contribution.
 

Highlights

  • One of the subtle, but most pervasive, areas of discrimination against Muslim women is the inequity and injustices that occur within the context of the family unit.1 Despite foreign influences which date back to the French protectorate dominating Morocco, religion has always taken centre stage in Morocco's political and social life

  • The 2004 reforms has the possibility of enhancing the rights of Moroccan women, for example, a wife is no longer legally obliged to obey her husband, contrary to a widely-held custom which regards obedience as an absolute duty of a Muslim wife, the minimum age for marriage for both parties eighteen years of age, including free and full consent

  • Section three will address the reform in marriage and polygyny, and section four will investigate the barriers to the implementation of the

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Summary

Introduction

But most pervasive, areas of discrimination against Muslim women is the inequity and injustices that occur within the context of the family unit. Despite foreign influences which date back to the French protectorate dominating Morocco, religion has always taken centre stage in Morocco's political and social life. Islam has been and continues to be a consolidating element of Moroccan society. It has occupied an important position in the spiritual lives of many Moroccans, and arguably represents a crucial part of Morocco's identity.. In 2004, the Moroccan monarchy revised Morocco's mudawana dealing with issues relating to the family. Its provisions taken to a large extent from Islamic sources, it confers upon women unprecedented rights and freedoms.. Section one will provide a brief overview of the tenets of Islam. Section three will address the reform in marriage and polygyny, and section four will investigate the barriers to the implementation of the. A brief overview of the basic tenets of Islam will be discussed

Overview of Islam
Pre-reform mudawana
The 2004 reforms
Polygyny and the 2004 reforms
Barriers to the implementation of the mudawana
Deficiencies in the wording of the mudawana
The judicial system
Conclusion
Literature
Full Text
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