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Dr. Hassan Abyaba: Towards Amendments to the Family Code According to a Model for a Cohesive Society
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Dr. Hassan Abyaba: Towards Amendments to the Family Code According to a Model for a Cohesive Society

By حزب الاتحاد الدستوريOct 6, 20235 min read

The Royal Cabinet communiqué, through which Amir Al-Mu'minin (Commander of the Faithful), His Majesty King Mohammed VI, may God assist Him, addressed a High Royal Letter to the Head of Government regarding the review of the Family Code, comes as an activation of the constitutional provisions concerning Imarat Al-Mu'minin and related matters. It also implements the High Royal Decision announced by His Majesty in the 2022 Throne Speech, reflecting the gracious care He continuously accords to advancing women’s and family issues in general.

The Royal Letter addressed to the Head of Government was clear and specific regarding all components of Moroccan society eligible to contribute proposals for amending the Family Code.

These components are: the Ministry of Justice, the Supreme Council of the Judicial Power, the Presidency of the Public Prosecution, the Supreme Scientific Council, the National Human Rights Council, and the Ministry of Solidarity, Social Integration, and the Family, alongside openness to civil society organizations, researchers, and specialists. This approach demonstrates full respect for constitutional, legal, political, economic, social, and cultural institutions within the framework of an established state of institutions.

The process of drafting proposals can be divided into distinct phases:

First Phase:

Begins with opening the Family Code reform process to receive proposals after tasking a group of official governmental and public institutions to examine all submissions—whether originating from these institutions themselves or provided by civil society bodies, researchers, and specialized experts consulted in this field.

Second Phase:

Consists of reviewing these proposals across three core levels based on specific categories:

  1. Proposals pertaining to the protection of children and safeguarding their rights.

  2. Proposals aimed at advancing women within the family and society.

  3. Proposals concerning the rights and duties of spouses (both parties) within the household and in society, while guaranteeing rights for all.

Third Phase:

Involves categorizing the proposed amendments according to the following frameworks:

  • Religious Framework: For instance, certain amendments are open to Ijtihad (jurisprudential reasoning) given the material and moral harm experienced by families under past practices. The guardianship system (Wilaya) can be re-examined jurisprudentially as a social and Fiqh-based reasoning. Likewise, banning underage marriage is essential to combat social vulnerability. Other topics require economic and social Ijtihad to keep pace with modern developments, as the goal of amending certain provisions is to resolve existing problems rather than perpetuate them. Additional matters can also be addressed through Ijtihad in the best interest of society according to the aforementioned references.

    This also includes the husband's ability to provide the minimum requirements for the family, especially when children are involved. Another issue relates to marital assets, where various proposals and solutions exist based on mutual agreement between spouses prior to marriage.

  • Social Framework: Certain social customs impede the application of the law and are maintained by families despite their negative consequences—such as marrying off young women without establishing a baseline to ensure a secure household. Delayed marriage creates social vulnerabilities where applying strict law becomes complex. All these issues represent urgent and compelling concerns.

  • Socio-Economic Dimension: Legislation that disregards economic and social realities is inherently flawed and its enforcement may inadvertently violate family rights. In Morocco, approximately 60% of salaries do not support the fulfillment of several Family Code provisions. For instance, civil servants do not exceed one million individuals, of whom only 40% can be classified as middle class based on monthly income.

    Furthermore, the formal private sector employs around 3.5 million people, of whom only about half a million fall into the middle class. The income and social status of the remainder remain uncertain, with a large proportion belonging to poor and vulnerable brackets. Consequently, many divorced husbands face imprisonment over alimony default due to a lack of sufficient financial resources to meet court-ordered payments.

Therefore, this is not a matter of legislating for two competing parties vying for more rights, but rather finding alternative financial and institutional solutions when parents face genuine financial incapacity. Morocco is fortunate to possess legal experts, Islamic jurisprudence scholars, and specialists across all fields.

I hope the technical sub-committee will be bolstered with experts in family economics and sociology, who are fully equipped to deliver high-quality, practical proposals that offer genuine value and solutions for Moroccan families.

Morocco has demonstrated solidarity and cohesion during many historical turning points; it is now called upon to present a distinguished model for the Family Code regionally and internationally. This requires stepping away from political grandstanding, unauthorized interpretations outside designated institutions, and baseless rumors that harm their spreaders before harming society. The goal remains conducting a serious, responsible debate to craft non-traditional legal formulas that add real value to a new family model aligned with Morocco's New Development Model targeted for 2035.

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