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Main articles: History of Hadith , Legal rights of women in history , and History of Morocco Origins of Al-Mudawana[ edit ] 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. The royal family of Morocco, which claims descent from the Prophet 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.
The Mudawana in Modern Morocco[ edit ] 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 by a group of ten male religious scholars Ulama working under the auspices of the monarchy; its substance drew heavily on classical Maliki law.
The activities of the UNFM focused less on legal reform and more on professional and training programs for women. This affiliation lends them a sense of legitimacy as well as connections and support, but some argue that it limits their autonomy as well. The proposed reforms drew not only on principles derived from the Universal Declaration of Human Rights but also on the Islamic principles of equality, justice, and tolerance.
Considering the religious origin of the laws, the fact that they had been amended at all was a significant step in demonstrating that they were subject to the process of ijtihad and not completely unchangeable. The latter, which came to be associated with the Association Marocaine pour les Droits des Femmes ADFM , played a key role in a working group that examined the family code.
Different sources cite varying accounts as to how many people attended each rally, with estimates ranging from 60, to over 1 million at each - with each side claiming it had more attendees present. Press coverage of the two actions noted the differences between them; the Casablanca march, in opposition to the PAIWD, was generally more gender-segregated, with more uniformity of dress, whereas in Rabat, participants of different genders mixed more freely.
Whereas the original Mudawana and its reforms were enacted by royal decree, the reforms were deliberated upon extensively in Parliament, which made over amendments to the code before ratifying it in January 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 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.
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. 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 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[ edit ] Awareness[ edit ] According to a 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.
This process also arguably reduces Islamic women to a single, universal category that does not recognize their individual choices. In the end, the civil society associations that lobbied for the reforms had to work within the existing authoritarian system, appealing directly to the king for change rather than working through a democratic political process. This could open the door to an application of older, pre-reform style judicial decisions.
Some critics have even classified the family court system as a lower or "second-class" justice system for women. While polygamy had become nearly nonexistent, she noted, one out of every ten marriages still involved a minor as of , and the system was facing organizational challenges.
According to the Moroccan Ministry of Justice, in there were more marriages and slightly fewer divorces in Morocco. Moreover, while over 14, divorce proceedings were initiated by men, over 26, were initiated by women in ; before the reforms, women did not have the right to initiate these proceedings.
The  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.
AL-MUDAWWANA AL-KUBRA PDF
Al mudawwana al kubra pdf
Muqadimmah & Intoduction of al Mudawwana al Jamia