Proposed Reforms to Moudawana Revive Morocco’s Enduring Cultural Divide

Doha – The longstanding tension between tradition and modernity in Morocco has once again come to the fore after alleged details of proposed changes to the country’s Family Code, known as the Moudawana, were leaked to the press late last week.

Since the confidential recommendations were submitted by a royal committee to Head of Government Aziz Akhannouch last month, they have sparked fierce reactions across Moroccan society, pitting conservative Islamists against progressive reformers.

Women’s rights activists, who have long campaigned for further reforms to enshrine gender equality and protect women’s rights, are hopeful the revised Moudawana will mark a significant step forward. They argue that aligning Moroccan family law with international human rights norms and the evolving needs of society is critical to achieving social justice and progress.

However, religious conservatives remain staunchly opposed to any changes they perceive as incompatible with Islamic teachings. They view the Moudawana as a bastion of Morocco’s Islamic identity and argue that reforming it to appease secular or Western interests risks eroding the country’s religious and cultural values.

Leaked proposals echo earlier recommendations

While the committee’s full report remains under wraps, Moroccan media outlets have circulated what they have presented as key proposals that aim to bring the Family Code in line with societal changes and Morocco’s international commitments. Interestingly, many of these suggestions mirror recommendations put forward in December last year by the National Human Rights Council (CNDH), which also sparked a similar debate.

The leaked reforms reportedly include simplifying divorce procedures between spouses and introducing comprehensive changes to the legal provisions governing inheritance. These changes would grant the owner of the wealth and assets the authority to choose between the inheritance system or bequest, while expanding the scope of the latter to include grandchildren and lifting the restrictions imposed on it. The proposals also allegedly call for removing difference of religion as an impediment to inheritance.

The committee reportedly recommended excluding the marital home from inheritance, while recognizing the right of usufruct for the surviving spouse. The reforms would expand women’s inheritance rights, allowing them to receive half of the estate in the absence of male siblings and two-thirds otherwise.

The remaining estate would be distributed in accordance with the rules of reversion without considering the heirs’ gender. The circle of heirs would also be expanded to include even relatives by marriage in the absence of direct heirs to the estate or any bequest, ultimately ending women’s disinheritance.

On the family responsibilities of spouses, the committee proposed a more equitable sharing of family burdens, with the more well-off spouse covering family expenses in case of the other’s inability. The reforms would establish legal guardianship for both parents, whether during the marriage or after its dissolution, granting the mother the same powers previously enjoyed by the father in this context.

Other noteworthy recommendations in the report submitted to the head of government include simplifying the procedures for documenting the marriage contract and eliminating the need to obtain judicial permission to authenticate marriage procedures. The reforms would allow civil status officers, in addition to adouls (public notaries), to authenticate these procedures, while establishing protective measures for the child’s right to lineage.

The proposals also call for updating the legal provisions of the Moudawana to include foreigners in irregular situations and organizing procedures for foreign marriages and mixed marriages. This would involve recognizing the right of both parties to the marriage contract to choose the most favorable legal system for them.

Difference of religion would be removed from the temporary impediments to marriage stipulated in Article 39 of the current text. Of these impediments, the article notably cites “the marriage of a Muslim woman to a non-Muslim man, and a Muslim man to a non-Muslim woman unless she is of the People of the Book.”

If implemented, these detailed provisions would constitute sweeping reforms to Morocco’s family law, governing critical matters such as marriage, divorce, inheritance, and child custody. The mere hint of such profound amendments has been enough to reignite a perennial struggle between conservatives and progressives in the Muslim-majority kingdom, underscoring the high stakes involved in any changes to the Moudawana.

Islamists reject perceived violation of sharia

Morocco’s Islamist groups have been quick to denounce the leaked proposals, arguing they contravene Islamic law and undermine the country’s religious identity. They assert that the Moudawana, which is based on Islamic jurisprudence and was last reformed in 2004 under King Mohammed VI to expand women’s rights, should not be altered in ways that contradict sharia principles.

Prominent Islamist figures have voiced concerns that the leaked recommendations, if implemented, would sow discord in Moroccan society and erode the country’s Islamic character. They maintain that any update to the Family Code must respect Morocco’s constitution, which enshrines Islam as the state religion, and comply with the “spirit of sharia.”

Critics of the proposed changes argue they originate from outside influences and are being imposed on Moroccans to appease Western sensibilities. They claim the reforms are driven by secular feminist and pro-migrant groups with agendas incompatible with Morocco’s conservative values. Islamist leaders have called on Moroccans to reject what they see as an affront to their religious and cultural identity.

Polarized reactions on social media

Moroccan social media has been abuzz with impassioned reactions to the leaked Moudawana proposals, reflecting the deep divisions in society. Supporters of the Moudawana reforms argue that they are long-overdue steps towards gender equality and aligning Moroccan law with international norms. Women’s rights advocates have particularly welcomed the prospect of expanded protections and rights for women in marriage, divorce, and inheritance matters.

@Khadboujanoui, Director of the Support Division of the Moroccan television channel 2M, tweeted: “It’s time. 19 years after the Moudawana reform, it’s time for change: The Moudawana and the Penal Code must be reformed.” @MoroccanOutlaws, a Moroccan citizen and social movement, expressed hope that “the long-dreamed-of change will take place, for women and their families.”

For opponents, however, the proposed changes represent a violation of Islamic principles and an imposition of Western values. Many conservative voices on social media have decried the reforms as being piloted from abroad to please state institutions, warning of disaster if the leaked proposals are true.

@abdennacerelb cautioned: “Moroccans, do not allow extremist intellectual minorities to impose their deviant beliefs on the Muslim majority. Passing #Ouahbi_Family_Code means the necessity of working on a parallel family system suitable for Muslims.” @SizerZaki expressed shock, posting, “#WhenDidMarriageBecomeACrime punishable by law? This is the first thing that came to my mind when reading the new proposals in the Moroccan Family Code.”

These polarized social media reactions underscore the profound implications the Moudawana reforms hold for Moroccan society. As the nation grapples with balancing tradition, modernity, religious values, and social progress, the heated online debates offer a glimpse into the competing visions for Morocco’s future.

While change is inevitable, the pace and extent of that change remain to be seen. What is certain is that the heated national debate over the family code is far from over, and its outcome will have profound ramifications for generations of Moroccans to come.

It is expected that in the coming few days, King Mohammed VI will announce the changes that will be made to the Family Code, which he ordered to be amended nearly 6 months ago, forming a committee for this purpose.