In the legal sphere, the rights of the individual man or woman are governed by the penal code, the code of commerce, and the code of family law (mudawana). Morocco’s penal and commercial codes are identical in scope, with men and women sharing the same rights and obligations. On the contrary, the code of family law, which regulates man-woman relations in the domains of marriage, repudiation, filiation, custody of the children, guardianship, and inheritance, is far from being equitable (Statut du Code, 1996).
[A first step in reform of the mudawana came in the early 1980s, when the Union de l’Action Feminin and other groups gathered over a million signatures in support of a petition urging the King to reform the family law regulating marriage, divorce, inheritance, child custody, and polygamy. There is still no central office to deal with alimony or child support. The new code is known as the Statut du Code Personnel “Mudawana” (1996) (Fernea 1998:106, 113, 120). (Editor)]
If the penal and commercial codes are inspired by French law, the Moroccan code of family law is inspired by the Chariâ (Islamic Law), especially that of the Malékite rite. Although the Chariâ accepts polygamy with up to four legitimate wives, Moroccan law adopts some restrictions with the view of limiting the practice of polygamy, and poses conditions of equality in the treatment of the co-spouses. Polygamy is to be avoided when a disparity is to be feared (Article 30.1).
On the other hand, Moroccan women still have not been able to reach a real emancipation and autonomy vis-à-vis men, despite the important changes observed in our modern society. The Moroccan woman still commonly estimates the man to be superior to her, tolerates work of a temporary nature, judges having children, especially boys, as all important for inheritance, thinks that virginity is of major importance, and accords a great place to the ceremony of marriage. The woman in our society is a woman in evolution, but she remains linked to the group (Amir 1988; Kacha 1996; Moussaid 1992). This woman is opposed to the total transformation of those who might lead us toward an insecure situation. This opposition is because of internal resistance that is linked to the educational and external schemas in the measure where the social milieu brakes this desire for change (Amir 1988; Kacha 1996).
On March 12, 2000, two rival demonstrations by several hundred thousand Moroccans bore testimony to the transitional tensions and evolution evident in our country. The issue of both demonstrations was a government plan for a variety of social and human rights reforms proposed by the new King, Mohammed VI, who came to the throne after the death of his father, King Hassan II, in July 1999. Among other reforms, the government plan would fully replace with a court divorce the practice of repudiation, in which the husband can divorce his wife by a triple verbal declaration. The reform would also provide for equal division of money and property in a divorce, and support a literacy program for rural Moroccan women, over 80 percent of whom are illiterate. In the capital, Rabat, 200,000 to 300,000 members and representatives of women’s groups, human rights movements, and political parties ended their march supporting the reform with a concert. In Casablanca, at least 200,000 men and women marching in separate columns - some claimed twice that number - denounced the reform (Associated Press 2000).
[In terms of judiciary power, Morocco is far ahead of Egypt, with 20 percent of its judges being women, compared with no Egyptian female judges. On the other hand, whereas Egyptian President Sadat appointed 35 women to his country’s Parliament in 1981, Moroccan women had to wait 37 years following independence to have two women elected to the Moroccan Parliament (Fernea 1998:117).
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