On this occasion, Head of Government Aziz Akhannouch stressed that this communication meeting with the representatives of national and international media was in implementation of the High Instructions of His Majesty King Mohammed VI, contained in the statement by the Royal Office published on Monday, with a view to informing them and, through them, keeping public opinion informed of the content of the main amendments proposed for a substantial revision of the Family Code.
Akhannouch added that HM the King has given His High Instructions and Clear-sighted Guidelines concerning the principles and objectives that should guide the revision of the Family Code, assuring that the Sovereign's expectations in this area would be achieved as soon as possible, in the context of the draft revision, with a view to submitting it to Parliament for adoption.
The meeting was marked by a speech from Minister of Justice Abdellatif Ouahbi, who outlined the achievements made in revising the Family Code.
For his part, Minister of Endowments and Islamic Affairs, Ahmed Toufiq presented the data relating to the legal opinion submitted by the Supreme Council of Ulema to the Esteemed Attention of HM the King, Commander of the Faithful.
He explained that the Fatwa Commission had responded favorably to ten of the legal issues relating to the Family Code, namely the age of marriage, the presence of two Muslim witnesses, joint legal representation, consideration of a wife's household work as a contribution to the husband's assets, the obligation, by deed, of the Nafaqa (alimony) for the wife, the lifetime right to housing for the surviving husband/spouse, the statement of both spouses' debt in relation to the assets acquired, the maintenance of custody in the event of the wife's remarriage, the Mout'â (compensation) for the woman requesting divorce, and equality in the right to a will for the grandchildren of sons and daughters alike ad infinitum.
The Minister also mentioned three questions to which the Commission had provided alternative solutions, in line with Sharia rule, which meet the desired objective and should be retained, namely the parentage of children born of adultery, the will for an heir if not accepted by other heirs, and the abrogation of Taâsib (male succession only in certain cases) in the event that only daughters inherit without sons.
He also cited two questions to which the Commission had presented two alternative solutions in line with the Sharia and serving the desired objective, on which the Sovereign will decide in order to guarantee the Maslaha (Interest), namely inheritance between spouses of different religions and inheritance between the person providing Kafala and the person subject to Kafala. In addition, he mentioned a question on which the Commission's opinion can only be overtaken by a decision of the Sovereign in view of the Maslaha, namely the inclusion of the condition of acceptance by the first wife of polygamy, as well as article 400 stipulating recourse to the Malekite rite as a reference.
He emphasized that the scope of Ijtihad is limited to subjects for which there is no Quranic or Sunnah text and which are not the subject of consensus, adding that Ijtihad for the Kingdom's Ulema is based on consideration of the “absolute Maslaha” and respect first and foremost for the Malikite rite.
For her part, Minister of Solidarity, Social Integration and the Family Naima Ben Yahia said that a thorough and substantial revision of the Family Code, in line with the High Royal Guidelines, is capable of giving new impetus to the legal protection of women, guaranteeing the stability of the family and the best interests of children, reinforcing the Kingdom's position among countries with a proactive experience in promoting the principle of equality enshrined in the Constitution, with a view to parity, in harmony with “our national and religious frame of reference which represents our specificity and uniqueness”.
The family has received special attention in public policies aimed at laying the foundations of a modern social state, through the fight against poverty and social exclusion, granting social assistance to the most vulnerable and achieving gender equality, she stressed.
Furthermore, the Minister noted that the family is the ideal space for promoting the rights of all categories and strengthening the protection of women's rights, through combating domestic violence and all forms of discrimination against them, guaranteeing women's access to political, social, economic, cultural and environmental rights, and enshrining the rights of children, the elderly and people with disabilities.
She also stressed the need to bear in mind the changes that the Moroccan family has undergone, in particular the prevalence of the nuclear family, at a time when male-headed families have given way to female-headed households.
The situation of children, she pointed out, remains worrying, given the consequences of divorce on children, the violence perpetrated against them and the growing number of abandoned children, despite the efforts made in this regard within the framework of the relevant public policies and the various mechanisms dedicated to child protection, as well as initiatives relating to the generalization and promotion of schooling.
The meeting was attended by the Speaker of the House of Representatives, Rachid Talbi Alami, the Speaker of the House of Councillors, Mohamed Ould Errachid, the President delegate of the Supreme Council of the Judicial Power, Mohamed Abdennabaoui, and the King's Public Prosecutor at the Court of Cassation, El Hassan Daki.
It was also attended by the Minister of Foreign Affairs, African Cooperation and Moroccan Expatriates, Nasser Bourita, and the Secretary General of the Government, Mohamed Hajoui.
Also taking part in this communication meeting were the President of the National Human Rights Council, Amina Bouayach, the Secretary General of the Higher Council of Ulemas, Saïd Chabar, several members of the Body in charge of revising the Family Code, presidents of constitutional institutions and other personalities.
During the working session chaired on Monday at the Royal Palace in Casablanca by HM King Mohammed VI, the Sovereign tasked the Head of Government and Ministers to communicate with the public and keep them informed of the revision’s updates.