[28] 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. This unofficial English translation of the 2004 Moroccan Family Law (Moudawana) was prepared by a team of English and Arabic speaking lawyers and a professional Arabic-English Moroccan translator at the Global Rights head Office in Washington and their field Office in Morocco. [14] 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. 30 June 2009. 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. … Des nostalgiques de Benkirane, en Allemagne, quittent le PJD 25 novembre 2020 à 9 h 31. As a result of newly created civil society organizations, including many women's organizations, and increased international attention on women's rights, modest reforms to the Mudawana were enacted in 1993 under King Hassan II. PDF. Dispositions générales relatives au mariage au maroc MR Mariage. [36] Robinson. Critics of the reforms point to the elitist roots of the movements that advocated for the reforms, the influence of Western secular principles, and the many barriers to the law's implementation within Moroccan society. 9 Oct. 2005. Moudawana .. De ce fait, le Royaume fait le choix d’être dans la continuité du rite malékite et de ne pas rompre avec le droit musulman, tout en se dotant d’un cadre légal. Following this initial change, increased activism resulted in the articulation of a Plan of Action for the Integration of Women in Development, which drew heavily from secular, rights-based frameworks. En 2004, sous le regard satisfait de la communauté internationale, le Maroc adoptait un nouveau code de la famille consacrant une certaine égalité hommes-femmes, et rendant plus difficile la pratique de la polygamie.Le Parlement marocain approuvait, sans grandes différences entre les partis politiques, la réforme du code de la famille, la Moud Join us for in Rabat, Marrakech, and the Atlas Mountains April 19-25, 2020. [2], Furthermore, just as some scholars praise what they see as a confirmation of the compatibility of Islam and gender equality, others point out that by requiring the framing of gender equality within an Islamic framework, the means by which Muslim women can advocate for equality is inherently limited. 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. [24] The march was intended to raise awareness of a range of issues relating to women's rights. Beginning in the 1990s, women's rights organizations in Morocco gained leverage and influence by incorporating progressive elements from academia, publishing, and government, and using rhetoric that drew from Islamic sources as well as the language of national development and the rights of women and children. Civil Society and Political Change in Morocco. On March 5, 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. informal justice system as well as . Mehdi 15/09/2020 23:18. il est pas marocain, c'est completement illegal au maroc. [5] King Hassan II's death in 1999 led many activists to believe that a new age in Moroccan politics was dawning; King Mohammed VI was rumored to be much more open to change than his father had been. a mon avis il risque gros devant le loi marociane (la prison) car si il est francais uniquement, l'adoul ne pouvait pas le marier sans ccm au consulat de france auparavant. Le Royaume est signataire de la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes (CEDEF). It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. This sparked fierce debate and opposition within Moroccan political elites and, to a somewhat lesser extent, Moroccan society, and culminated in two rallies in Casablanca and Rabat in March 2000 – one in support of reform and one in opposition to it. Morocco in Transition, Middle East Report 218 (Spring 2001). The Moroccan regime has always been repressive, intimidating and disempowering political opposition members since gaining independence in 1956. Since the passage of these reforms, women's groups in Morocco have been lobbying to change some discriminatory laws that survived the reforms. Aujourd’hui, la légalisation partielle de l’IVG au Maroc. 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. Une loi pour les avocats, un décret pour les magistrats et un lifting pour la Moudawana… Pour le ministère de la Justice, cette année ne sera pas de tout repos. PDF. 2009. Under the law, men could unilaterally divorce their wives while women's right to divorce was highly restricted; women could not marry without legal approval from a guardian or tutor; married women were obliged by law to obey their husbands; and men could marry multiple women without their wives' consent.[1]. Les règles du mariage au Maroc DM Dissolution du mariage. [8] Some have argued that the king's support was motivated as much by international pressures and his desire to join the European Union as domestic economic and political problems. [6], Some have described the women's rights movement in Morocco as a movement of elites and criticized the new Mudawana on similar grounds. [14] Ibid. 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. "[8], Latifa Jbabdi's long history of activism before becoming involved with the UAF shows her commitment to feminism and reform. [26] The King responded with a series of actions that would ease the path to reform, including a royal decree that the Convention on the Elimination of All Forms of Discrimination against Women be given legal force. [24] 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. The King still holds the majority of political power; with the title of "Commander of the Faithful," he also has the ability to dissolve Parliament, rule by decree, dismiss cabinet members, command the armed forces, exercise religious authority, and preside over the judicial system. "Assessing the Impact of the 2004 Moudawana on Women's Rights in Morocco." King Hassan II, who ruled from 1961 until his death in 1999, arrested, kidnapped, and tortured thousands of political opponents, especially during the failed coup attempts of 1971 and 1972. 1,063 likes. London: British Institute of International and Comparative Law, 2008. [20], In terms of political barriers, some classify the reformed Mudawana as an example of strategic liberalization, typical within certain "liberalized autocracies," that arises out of internal and external pressures but is ultimately limited in the extent of its reforms. [30] Ibid. The first wife may also petition for divorce if the husband takes another wife. Fulbright-Hays Summer Seminars Abroad. [13] As the reform campaign garnered attention and supporters, it also gained some enemies in its fight for women's equality. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. La loi en vigueur jusqu'en 1993 permettait à l'homme musulman d'avoir quatre femmes officielles au maximum (art. [34] However, since more than half of the female population was illiterate at the time when these newspapers developed, there was a need for other forms of outreach, ones with a more widespread impact for building support across the country. The parent who gains custody of the child keeps the house. [29], Women and civil society: foundations of reform, Number One (2008), film by: Zakia Tahri production of: CCM Film Institute, Made In Morocco Film, SNRT, Soread-2M, List of parenting issues affecting separated parents, Royal Advisory Council for Saharan Affairs, "Liberal Outcomes through Undemocratic Means: The Reform of the Code de status personnel in Morocco", "Political Authority in Crisis: Mohammad VI's Morocco", "Women's Learning Partnership: Family Law", "The Moroccan Family Code (Moudawana): An unofficial English translation of the original Arabic text", "The Status of Women in the Middle East and North Africa Project: Focus on Morocco: Opinions on the Family Law and Gender Quotas - Topic Brief", "International NGO Releases Survey Findings on Women's Political Standing in Morocco", "Morocco's Imperfect Remedy for Gender Equality", "More marriage, less divorce attributed to new Moroccan family code", Full text of the code from the Human Rights Education Association, Feature on the Mudawana by Professor Mounira Charrad for the International Museum of Women, Essay about feminism and women's organizations in Morocco, UNDP profile on gender dynamics in Morocco, Global Rights (NGO) page about Morocco, including links to Mudawana resources, Women's Learning Partnership (NGO) page about Morocco, including links to Mudawana resources, New York Times article about the Mudawana, five years after the reforms, Article from Magharebia about the Mudawana, five years after the reforms, Index of online Mudawana resources from Friends of Morocco, A www.resetdoc.org interview with Nouzha Guessous member of the Moudawana commission, https://en.wikipedia.org/w/index.php?title=Mudawana&oldid=988608833, Creative Commons Attribution-ShareAlike License, Both spouses share responsibility for the family; “women are men’s sisters before the law.”. Human Rights Watch. "Sculpting the Rock of Women's Rights: The Role of Women's Organizations in Promoting the National Plan of Action to Integrate Women in Development in Morocco." [24] Ibid. "Progressive or Conservative, Women Influence Islam." [9] However, some scholars have argued that just because the movement was started among elites, it does not necessarily follow that they are incongruent with grassroots interests. [31] Ghazalla. Sater, James. "A New Family Law in Morocco." Towards the end of his reign, in the late 1990s, King Hassan II opened up the political process to opposition parties, such as the Socialist Party (USFP) and the Parti du Progres et du Socialism (PPS). "[36] Through its outreach efforts, the UAF broadened their base of supporters. Morocco in Transition, Middle East Report 218 (Spring 2001). Vital Voices. 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. [7] These conditions have impacted the process of reforming Moroccan family law significantly. Nous avons créé ce blog afin d’aider les personnes à faire leurs achats sur les sites de Ecommerce. This occurred shortly after Mohammad VI succeeded his father as King, and within a year of the rallies, he announced the formation of a commission to further reform the Mudawana. [30], The UAF reached out to and worked with many other organizations and groups of people to achieve the reforms; alliances with other women's rights NGOs, political parties, independent politicians, social workers, and academics enabled the UAF to succeed in its mission. verabschiedet und hat sowohl positive als auch negative Reaktionen hervorgerufen. [9], Despite numerous calls for reform throughout the 1960s and 70s, it was not until 1982 that women's legal status was brought to the forefront of public debate in Morocco. Octobre 21, 2012. [19] "Country Report: Morocco." « La Moudawana, que nous avons considéré comme un acquis en 2004, n’est plus d’actualité aujourd’hui. The revision of the Family Code (Moudawana) in Morocco in 2004 represents the main advance in women’s rights. Bravo pour cette projection ! 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. Traditionalists felt only the king had the right to change the law and the modernists felt that the king had the right to exercise ijtihad and ultimately decide the role that Islamic law would play in Morocco's legal framework. ", Slymovics, Susan. "More Marriage, Less Divorce Attributed to New Moroccan Family Code." In 2003, he announced his intention to replace the code entirely, citing his authority as both spiritual and political leader of the nation, and by January 2004, the Moroccan parliament ratified the new version. Robinson, Helah. Supporters of the reforms point to broad support for them among Moroccan society, especially among women, and cite the new law as a successful example of a progressive reform framed in indigenous, Islamic principles. These sayings were collected and published by Malik, along with commentary. Moudawana: L'Union de l'action féministe appelle à réviser le code de la famille dans sa globalité 19 février 2018 - 06:57. The Moroccan women's movement has been a product of the recent history of society since the pre-colonial period. "Sculpting the Rock of Women's Rights: The Role of Women's Organizations in Promoting the National Plan of Action to Integrate Women in Development in Morocco." The right to petition for divorce belongs to both men and women, though procedures for reconciliation and mediation are encouraged. Aujourd'hui en l'aube de 2020 on peut dire que vous aviez incroyablement raison concernant l'impact de ces lois. Abingdon: Routledge, 2007. [23] Zvan. New York: Columbia University Press, 1998. Generally speaking, the monarchy, Islam, and the territorial integrity of the Moroccan nation are considered to be the nation's three inviolable "sacred institutions." "I want the people of Morocco to know that our new law is not only a victory for women, but also for the family, society, and generations to come. Though personally committed to secularism, Jbabdi studied the Koran and the Hadith in order to incorporate religious justifications into her message, realizing that most Moroccans were reluctant to take a completely secular approach to the law. 29, alinéa 2). Le juge aux affaires familiales à Safi a prononcé un divorce pour mésentente dans le couple, en l’absence du mari. [9] High levels of female illiteracy and a strong sense of traditionalism in many rural areas further compound these challenges. Humphrey Institute of Public Affairs. Women in Morocco are central to the family structure around which Moroccan society is based. Moreover, while over 14,000 divorce proceedings were initiated by men, over 26,000 were initiated by women in 2007; before the reforms, women did not have the right to initiate these proceedings. admin March 16, 2020 March 16, 2020 No Comments on LA MOUDAWANA MAROCAINE PDF 8 févr. Opposition parties rarely have the opportunity to assert themselves; any groups who criticize the monarchical system are harassed by government officials. [13] 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. Many against the Moudawana reformation believed the UAF's campaign to be against the Islamic values traditionally held in Morocco. Vidéo. [9], This commission resulted in a number of changes, implemented in 1993, which instituted provisions that (among other things) required a bride's verbal consent to marriage, eliminated a father's right to force his daughter to marry, and mandated the obtainment of a judge's permission in cases of polygamy and a husband's repudiation of his wife. Selat Gibraltar memisahkan Spanyol dari Maroko dengan rentang air 13 kilometer (8,1 mil). While polygamy had become nearly nonexistent, she noted, one out of every ten marriages still involved a minor as of 2007, and the system was facing organizational challenges. [4], Morocco has been described as a “liberalized autocracy. [16] Levinson, Charles. Jordan, Egypt and Tunisia have started discussions on modifying their family laws in similar directions. Lors de l'élaboration de la loi, en 1957, certains savants s'étaient. [27] 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. Les mouvements féministes au Maroc ont compris qu'ils ne pouvaient imposer un féminisme laïc même si le combat à la base est fort similaire (en gros le féminisme actuel dans le monde arabe correspond aux deux premières vagues du féminisme du 19e et 20e siècle en Europe Occidental et en Europe Occidental avec le mouvement metoo on en est à la 4ème vague), on ne peut nier le … "Morocco/Western Sahara." 9hab Maroc 2011 - Metacafe (lahwa 9hab) zouk dial lahwa is located in Tanger. After a series of demonstrations, educational seminars, government lobbying, and a One Million Signatures petition campaign, King Hassan II was forced to take action. [15] Ibid. Lorestani youth stuck… https://t.co/ZjwyrfK8sV, Alireza Ghandchi, who lost his wife and 2 children in the shooting down of #PS752 speaks at gravesite of Rosstin Mo… https://t.co/xf6o5GSrF1, #یلدای_٩٩ #یلدای_خونین [9] In response, King Hassan II created a commission (which he chaired) composed of 21 religious scholars – only one of them female – and a representative of the Royal Court for the purpose of reforming the Mudawana according to the Islamic tradition of ijtihad. [13], In 1991, this was manifested in concrete political action as l’Union de l’Action Féminine (UAF), a women's group within one of Morocco's Marxist–Leninist political parties and consisting mainly of professional, middle class women, collected one million signatures on a petition calling for Mudawana reform and presented it to the Prime Minister. Whereas the original Mudawana and its 1993 reforms were enacted by royal decree, the 2004 reforms were deliberated upon extensively in Parliament, which made over 100 amendments to the code before ratifying it in January 2004. La dissolution du pacte du mariage et ses effets IS La naissance et ses effets. ", Ghazalla, Iman. Different sources cite varying accounts as to how many people attended each rally, with estimates ranging from 60,000 to over 1 million at each - with each side claiming it had more attendees present. "Sculpting the Rock of Women's Rights: The Role of Women's Organizations in Promoting the National Plan of Action to Integrate Women in Development in Morocco. 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. Maroko adalah negara Afrika Utara, yang terletak di ujung barat laut Afrika di ujung benua Eropa. Freedom House. 2009. "Country Report: Morocco." Au Maroc, les mariages polygames gagnent du terrain, et ce, malgré la mise en place de la loi instaurée en 2004. The bill, which was passed into law in 1993, contained a few changes beneficial to women. Most women's organizations in Morocco receive external funding, whether from the government, various Moroccan political parties, or international actors such as USAID, the European Development Bank, and the World Bank, which has left them open to criticisms that their agendas are tied to the sources of their funding and therefore compromised. The Mudawana (or Moudawana, Arabic: المدوّنة‎), short for mudawwanat al-aḥwāl al-shakhṣiyyah (مدونة الأحوال الشخصية),[1] is the personal status code, also known as the family code, in Moroccan law. "Morocco Country Report." [28] The bombings shocked the Moroccan people, making religious fundamentalism unpopular and enabling reformists to take advantage of this change in Morocco's political climate to spread their message. The Mudawana (or Moudawana, Arabic: المدوّنة ‎), short for mudawwanat al-aḥwāl al-shakhṣiyyah (مدونة الأحوال الشخصية), is the personal status code, also known as the family code, in Moroccan law. Code de la famille au Maroc - Moudawana Texte de loi relatif à la moudawana de la famille au Maroc. Secrétaire d’Etat chargé de la Protection sociale, de la Famille et de l’Enfance alors, Mohamed Saïd Saadi était et reste le … 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. Souss Sahara Atlantique Voyage.Le Portugal, premier pays européen à recevoir le label “Safe Travels”. Faculty of Oriental Studies: University of Oxford. They argued that the Moudawana was a political document, not a religious one, and that it should therefore be handled by the Parliament, a secular institution, rather than the King, who was both a secular political leader and the "Commander of the Faithful." [20], Over the course of the reform movement, the UAF had to modify their message and activity to respond to Morocco's changing political climate. The top-down nature of the reforms has resulted in many members of the judicial system simply ignoring the new laws’ provisions. [9], There are social, legal, logistical, and political barriers to the actual implementation of many of the reforms in the new Mudawana. [6], In 2004, a new Moudawana was enacted that advanced women's rights and overturned many discriminatory provisions. Originally based on the Maliki school of Sunni Islamic jurisprudence, it was codified after the country gained independence from France in 1956. [9] As a result, this traditional form of religious authority gives the monarch the political legitimacy to arbitrate the agenda and decisions of a modern, multiparty government.[10]. Au Maroc, le nouveau Code de la famille (2004) a introduit des dispositions en faveur du renforcement des droits des femmes et d’une meilleure reconnaissance de l’égalité entre les sexes. It can be argued that while the reforms do represent a significant transformation of women's rights, they also serve to solidify and expand the authority of the monarch as the defender or insurer of those rights. [21], The UAF was able to organize high-profile demonstrations to prove to the government that a large number of Moroccans supported the reforms. However, the UAF held debates with these organizations to convince them that the Moudawana reforms were worth fighting for.[32]. Si Amir je connais la moudawana, mais je ne comprends pas najqt ce que najat atabou lui apporte de aatavou Bass [ MP ] 2 février Espaces de noms Article Discussion. 25 J'ai déjà fait allusion, dans ce qui précède, au code de la famille du Maroc, la Moudawana. [14] The opposition took many steps to curb the power of the UAF; the Ministry of Religious Endowments and Islamic Affairs encouraged imams to preach against the reforms.