Mohammed VI pushes for a thorough reform of the Family Code and calls for strengthening family justice

Mohammed VI called on the Supreme Council of Ulema to pursue reflection and adopt a constructive Ijtihad in order to deepen research on Fiqh issues linked to changes affecting the Moroccan family. His Majesty the King has also instructed the government to communicate with the public and keep it informed of developments in this review.

The official statement from the Royal Cabinet indicates that this meeting took place after the body in charge of the revision of the Family Code submitted a report to the monarch, following the completion of its mission on schedule, with more than 100 proposals for amendments, and after the King, Emir Al-Muminin, kindly referred the matter to the Supreme Council of Ulema regarding certain proposals concerning religious texts on which the Council has issued a legal opinion.

It also comes after Mohammed VI conducted the necessary arbitrations on issues on which the Council had issued more than one opinion or those whose review required recourse to the opinion of the Sharia, These Royal arbitrations have given priority to the options that are in line with the references and objectives defined in the Royal Charter addressed to the head of government, as well as those set by the rules governing the action of the Forum, first of all the rule of “neither prohibiting what is authorized, nor authorizing what is prohibited”.

During this session, the Minister of Justice, Mr. Abdellatif Ouahbi, in his capacity as a member of the group in charge of the revision of the Family Code, presented to the King the group's working approach and methodology, in particular the listening and hearing sessions organized by the group, as well as the most important proposals that resulted from them and which the group included in its aforementioned report, in addition to the expected objectives of these proposals.

Ahmed Toufiq, the Minister of Habith and Islamic Affairs, in his capacity as a member of the Supreme Council of Ulema, presented the conclusions of the Council's opinion, which establishes the essential legal basis for some of the Forum's proposals and takes into account the principle of Maslaha (interest) in finding Shariah-compliant solutions for others. It was the occasion to highlight the capacity of constructive Ijtihad to deduce the rules of the Sharia, the middle ground and the moderation of the Moroccan School of Fiqh, which draws its foundations from the religious constants of the Kingdom.

In this context, the King, Emir Al-Mouminine, has called upon the Supreme Council of Ulema to pursue reflection and adopt a constructive Ijtihad on the family issue, creating an appropriate framework within its structure, in order to deepen the investigation of Fiqh issues linked to the changes experienced by the Moroccan family, and which require innovative responses in line with current requirements.

In order to clarify the main contents of the revision of the Family Code, the monarch instructed the head of the Government and the ministers to communicate with the public opinion and keep it informed of the latest developments of this revision, which the Government will ensure to be elaborated and formulated within a reasonable time within the framework of the legislative initiative, in accordance with the relevant constitutional provisions.

With regard to the legislative phase of the revision of the Family Code, and the debates and votes that will take place in the two Houses of Parliament, Mohamed Vi recalled the points of reference and the foundations that should frame it, contained in the Royal Charter mentioned above. These are the principles of justice, equality, solidarity and coherence advocated by the Holy religion of Islam, as well as the universal values emanating from the international conventions ratified by Morocco.

His Majesty the King also insisted on the need to take into account the Sovereign's will to reform and openness to progress with the launching of this promising reform initiative, twenty years after the implementation of the Family Code, and to ensure the legal, social and economic protection of the family.

The King also insisted on the need for the content of the reform to fall within a framework of complementarity, in the sense that it does not favor one party to the detriment of the other, but concerns the Moroccan family, which constitutes the “basic unit of society”, which implies ensuring that all this is drafted in the form of clear and intelligible legal rules, in order to avoid contradictory judicial readings and cases of conflict in their interpretation.

The monarch also drew attention to the imperative need to pay due attention to all the other prerequisites that support and reinforce the revision of the Family Code, whether by consolidating the experience of family justice, revising the relevant legislative and regulatory texts in the light of the new constitutional provisions, or developing awareness programs to enable citizens to access the law and better assimilate their rights and obligations.

The working session was attended by the Head of Government, Aziz Akhannouch, the Minister of Justice, Abdellatif Ouahbi, the Minister of Habous and Islamic Affairs, Ahmed Toufiq, and the Minister of Solidarity, Social Integration and Family, Naima Ben Yahia.