Friday, April 15, 2011

Family in Morocco: The Issue of Moudawana


Moroccan women protest in the streets for equality on National Women's Day in Morocco.
Morocco Soulaliyate Women Protest © ADFM

            

          When King Mohammed IV first came to power by default due to the monarchial system in 1999, he immediately addressed women’s rights in the region by the introduction of Moudawana or Family Code, sparking a two-sided response. 

           In an article published in The New York Times, titled “Moroccans and Women: Two Rallies,” Hundreds of thousands of people took to the streets of two Moroccan cities in rival demonstrations over a government plan that would grant more rights to women. Women’s rights groups, as well as human rights groups marched in support of the progressive women’s rights reform because it has the opportunity to open doors for women like never before. However, there was an even larger opposition march that felt these institutional reforms went against the values of Islam. According to the article, traditional Islamic protestors chanted as they marched, “We defend Islam with our bodies and souls.” Clearly, this issue strikes a deep divide among the Moroccan people due to its controversial ties to Islam and the concept that it is democratized change.

            Moudawana gives women equal legal rights as men in marriage as well as allowing women to request a divorce. In addition, it raises the legal age to marry from 15 to 18 and gives the first wives of men the right to object to their husband’s request if he wishes to elope with a second wife. The new law also legitimizes divorce and makes it a legal procedure involving both couples, and removes the traditional way of divorce by which a man merely hands a woman a letter. Moudawana reflects the current shift in Moroccans’ desires and demonstrates how many are looking for a more democratized country for the future.

            Since the time that the reform has been implemented into the government, Moroccan women are not satisfied with its results. In a Magharebia article, titled “Moroccans Assess Moudawana Progress”, it is clear that women are not receiving the full benefits of “freedom” and are not receiving the “rights” they were promised. One young woman, Halima, said, “[My husband] submitted a false certificate of single status. What can I do now? Start proceedings against him, accusing him of falsifying an official document?” This young woman does not have enough financial resources to afford to go to court.

            In an article titled, “Family Law in Morocco” by Dr. Mounira Maya Charrad in 2008 states, “The issue now is to see how the reforms are implemented not only for the educated middle class but also in rural areas and among less privileged groups. Only the future will tell how successful the application of the new family law is for the majority of Moroccan women.” Charrad’s point rings loud and clear and stems as the warning bell for what is currently happening in Morocco and demonstrates how women’s rights needs to be enforced in order to be effective.



Moroccan women protest for the right to make their own decisions as individuals. Striving to voice the message that they are equals and that they are capable of making their own decisions.
The Contrarian
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