Mudawana

Origins of Al-Mudawana Malik ibn Anas, the founder of the Maliki school of Sunni Islam, wrote Al-Muwatta, which was an 8th-century collection of hadith, or sayings, of Muhammad, his family, and his companions. These sayings were collected and published by Malik, along with commentary. This formed the foundation of one of the four major Sunni schools of Islamic jurisprudence still in existence today. The Maliki school has been the dominant source of Islamic jurisprudence in Morocco since the 10th century. Moroccan government Morocco has been described as a "liberalized autocracy." Its constitution grants the majority of executive powers to the monarch, including the power to appoint major ministers and regional governors, and the power to set the priorities of the national agenda; this effectively limits the power of political parties and the elected members of Parliament. Many argue that the electoral system's main function is to serve as a means for the monarchy to create and manipulate a dependent class of political elites. Practically speaking, despite multiparty elections, the monarchy, and not parliament, is the site of strategic political decision-making in Morocco. The King is not only a political leader, but also holds the title "''Amir al-Mu'minin''" (Commander of the Faithful), indicating his role as a religious leader as well. The royal family of Morocco, which claims descent from Muhammad, therefore enjoys a sense of political legitimacy rooted in Islam and also has the power to dictate the form that Islam takes within Moroccan society. Generally speaking, the monarchy, Islam, and the territorial integrity of the Moroccan nation are considered to be the nation's three inviolable "sacred institutions." Challenges to these three institutions, whether through questioning the king's authority or the legitimacy of Islamic law as the basis for legal codes, are technically imprisonable offenses. These conditions have impacted the process of reforming Moroccan family law significantly. ==The Mudawana in Modern Morocco==

Historically, the creation of the Mudawana in Moroccan law represented a major step in the political and legal unification of Morocco after it gained independence from the French. Its first version was written in 1957-8 by a group of ten male religious scholars (Ulama) working under the auspices of the monarchy; its substance drew heavily on classical Maliki law. As the French had ruled Morocco with a policy of legal pluralism (maintaining, for example, the existence of Berber customary law within Berber communities), the new Mudawana was intended to signify the nation's unity, Islamic identity, and modernity. In addition, the Mudawana is the only section of Moroccan law that relies primarily on Islamic sources, rather than Spanish or French civil codes, which gave it a greater sense of immutability and contributed to the difficulty of reforming it later on. A state's family or personal status law has wide-ranging implications for citizens' daily lives, but many gender equality advocates point out its particular significance for women, as it governs the age at which they may be married, issues of divorce and child custody, and their right to work and travel outside the home. Even as various Muslim-majority states have expanded public civil and political rights for women, separate family laws rooted in Shari'a have often remained unchanged; for many Muslims, these family laws remain an untouchable symbol of Muslim identity. Women and civil society: foundations of reform In 1969, King Hassan II created the Union Nationale des Femmes Marocaines (UNFM), an organization with the stated goal of improving the social and economic status of women in Morocco. The activities of the UNFM focused less on legal reform and more on professional and training programs for women. It was given the legal status of a utilité publique, an important designation for Moroccan civil society organizations, which allows them to raise funds and be exempt from taxes (similar to non-profit status in the United States). Historically, this distinction, which must be conferred by the government, has provided a way for the Moroccan regime to exert a measure of control over civil society organizations, as those whose agendas conflict with that of the government typically find it difficult to obtain utilité publique status. It was in this environment that calls for reform to the Mudawana first began to gain traction. All of Morocco's major women's organizations have positioned their work within an Islamic framework in some way, drawing on the work of Islamic scholars to inform their agendas. Arising from this context, the PAIWD did not explicitly reference Islamic values, and was more closely related to a "development discourse" that formed a crucial element of Mohammad VI's national agenda. Reforms of 2004 On 5 March 2001, a year after the rallies in Casablanca and Rabat, Mohammed VI announced the formation of a commission to reform the Mudawana, members of which included a Supreme Court justice, religious scholars, political representatives, and intellectuals from a number of different backgrounds, including female representatives from women's organizations. At the same time, the king took several steps viewed as promoting women's status in Moroccan society, including mandating that 10 percent of seats in the lower house of the Moroccan parliament be reserved for women and promoting several women to senior administrative positions within his government. On October 10, 2003, the king presented Parliament with a plan to replace the old Mudawana entirely, on the commission's recommendation, describing the new law code as "modern" and intended to "free women from the injustices they endure, in addition [to] protecting children’s rights and safeguarding men’s dignity." After the reforms were announced, the United States government, the World Bank, and Human Rights Watch all released statements of support for the new laws. Likewise, the European Union considered Morocco to be the "most advanced country on the southern shore of the Mediterranean" in terms of rule of law and democratization. ==Major provisions of the updated code==

• Both spouses share responsibility for the family; "women are men’s sisters before the law." • Once a woman comes of age, she does not need a marital tutor (a male relative, usually the father who speaks on her behalf). Women cannot be married against their will, though if they wish to designate a male relative to act as their marital tutor, they may. • The minimum age for men and women to be married is 18 unless specified by a judge; in addition, boys and girls under custody may choose their custodian once they reach the age of 15. • A man may only take a second wife if a judge authorizes it, and only if there is an exceptional and objective justification for it, the first wife consents, and the man has sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life. Moreover, a woman can stipulate in her marriage contract that her husband may not take a second wife, and a first wife must consent to the second. The first wife may also petition for divorce if the husband takes another wife. • Moroccans living abroad may complete a marriage contract by drawing it up in the presence of two Muslim witnesses, according to the local laws, and registering it with local Moroccan consular or judicial authorities. • The right to petition for divorce belongs to both men and women, though procedures for reconciliation and mediation are encouraged. A man may not repudiate his wife without the permission of a judge, and she and her children must be accorded their full rights under the law. Divorce proceedings take place in a secular court, rather than before a religious official. (See Islamic marital jurisprudence). • If a man does not fulfill his obligations according to the marriage contract, or causes his wife harm such as abandonment or violence, she has the right to file for divorce; the new law also provides for divorce in situations of mutual consent. • Children's rights are protected according to the international conventions Morocco has signed. Priority in terms of child custody goes first to the mother, then the father, then the maternal grandmother, or to whomever a judge deems the most qualified relative. Children in custody must be given "suitable accommodation," the terms of which must be settled within a month of any dispute. The parent who gains custody of the child keeps the house. • Children born outside of wedlock have the right to the acknowledgment of paternity. • A man's daughter's children as well as his son's children have the right to inherit property. • A married couple may negotiate an agreement separate from the marriage contract regarding the management of assets they acquire while married (this does not negate the principle of separate marital property). ==Reactions and implementation==

Awareness According to a 2010 survey, awareness of the reforms varies widely within the Moroccan population, with younger, urban, and educated women far more likely to have heard of the law and have some familiarity with its provisions than women in rural areas, those with less education, and older women. Of Moroccans who have heard of the new Mudawana, 85% of women and 59% of men support the reforms. Most men who oppose the reforms believe the law negatively impacts them, gives greater weight to their spouses' demands, and view it as contrary to their religious beliefs. Women's dissatisfaction with the Mudawana, however, reflects a belief that it is not implemented widely and successfully enough to address the problems of women's rights. Two-thirds of Moroccan women surveyed said they felt the new Mudawana had improved women's status in Morocco, and 50% of men agreed. Finally, some characterize the high degree of debate and deliberation over the issue as a dividing influence in the end; a representative from one Moroccan women's organization described the women's movement in Morocco not as a movement, but an uncoordinated group of different organizations. From a legal standpoint, the Moroccan penal code still does not reflect the principles of gender equality established within the provisions of the Mudawana. For example, a woman still needs her husband's permission to obtain a passport and can be penalized for having a child out of wedlock, and there is no legislation addressing or criminalizing violence against women. The argument that follows is that the reforms are essentially superficial because it is in the government's interest to favor the maintenance of the status quo over the potential conflict that would arise were the reforms to be implemented on a full scale. Some reports claim that marriage of underage girls has actually risen since the passing of the reforms, and point out that the actual existence of separate marital property contracts remains low, despite their being newly legalized, meaning that the reforms offer little actual protection to women whose husbands order them to leave the marital home. Rabha El Haymar is an example of a Moroccan woman who used the changes to argue for the rights of her illegitimate child. Her bravery, in taking the risk of reputational damage, was the subject of a documentary on Moroccan TV and she was recognised internationally for her stand on women's rights in 2024. Cultural references • The Mudawana and the status of Moroccan women are the subject of Lalla Mennana, a song by the popular Moroccan hip-hop group Fnaire. • The 2008 film "Number One", produced in Morocco and scripted in Moroccan Arabic with French subtitles, is a comedy portraying the effects of the new Mudawana from a male perspective. • The 2014 film Bastards, a heroic portrait of Rabha El Haymar, a Moroccan woman who fought to have her marriage recognized and her daughter legitimized in the Moroccan judicial system, per the 2024 reforms of the Mudawana. • In the 2023 film The Divorcees of Casablanca, divorce in Morocco is seen through the lives of five women from different social and economic backgrounds while they struggle to overcome societal ignorance about the Mudawana and legal protection of women. ==See also==