August 2020 . 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. They have also been conducting demonstrations and providing education to the public, aiming to ensure that the reforms are understood and are incorporated into daily life. 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 15. [9] For her membership in an illegal Marxist group known as "March 23", Jbabdi was imprisoned from 1977 until her trial and release in 1980. Qui donne ne doit jamais s’en souvenir. 15 Feb. 2008. 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. "My goal now is to spread the word to some of the most remote areas of Morocco – to illiterate men and women who have little access to objective information about the Moudawana reforms, and little ability to obtain legal assistance," says UAF founder Latifa Jbabdi. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. La loi en vigueur jusqu'en 1993 permettait à l'homme musulman d'avoir quatre femmes officielles au maximum (art. [1] Touimi-Benjelloun, Zineb. او از پیشگامان جنبش نرم‌افزار آزاد است. Development, in many cases includes a process of securing access to rights, and their enforcement, whereas the existence of rights enhances development processes. Nevertheless, discriminatory laws still exist, especially with regard to marriage, divorce, custody of children and inheritance. [6], Some have described the women's rights movement in Morocco as a movement of elites and criticized the new Mudawana on similar grounds. [32] Ibid. This affiliation lends them a sense of legitimacy as well as connections and support, but some argue that it limits their autonomy as well. Polygamie : une tendance qui gagne de plus en plus de terrain au Maroc. Abingdon: Routledge, 2007. 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. 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. [2] Zvan, Katja. [2] He ordered that a new code be drafted in consultation with some women's groups, to be submitted to him for approval. [17] While retaining presidency of the UAF, Jbabdi was elected to the Moroccan Parliament in 2007.[18]. 29, alinéa 2). 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. [23] Zvan. Selat Gibraltar memisahkan Spanyol dari Maroko dengan rentang air 13 kilometer (8,1 mil). [11] In particular, the Moroccan minister for religious affairs opposed the plan, and the Moroccan cabinet became divided over the issue. London: British Institute of International and Comparative Law, 2008. "The Moroccan Family Code (Moudawana) of February 5, 2004." She is best known for her work to help improve women's rights through reforming the Mudawana, Morocco's legal code governing family life.She also served as a member of the House of Representatives from 2007 to 2011. La Moudawana et la polygamie. "[4], Using the momentum generated by the One Million Signatures campaign and the 1993 Moudawana reforms, the UAF and other women's groups continued to lobby the government by raising awareness of other issues affecting women such as rape and domestic violence. In 1992, they launched the One Million Signatures campaign, which aimed to gather a million signatures on a petition to reform the Moudawana. Although there were calls for reform to the family law in the 1960s and 70s, its religious origins made amending it a challenge, and no serious movement for reform emerged until the 1980s. Faculty of Oriental Studies: University of Oxford. 19 Dec. 2003. Comme indiqué au … Leila Hanafi . May 2007. [25], From a legal standpoint, the Moroccan penal code still does not reflect the principles of gender equality established within the provisions of the Mudawana. [24], Opponents to the law assert that the reforms represent an imposition of legislation that does not enjoy broad support, pointing out that opinion polls often favor urban populations and are not representative of Moroccan society as a whole. Aujourd’hui, la légalisation partielle de l’IVG au Maroc. [21] Levinson; Zvan. (VIDEO) Articles similaires . [33] Ibid. The parent who gains custody of the child keeps the house. [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. [9] Supporters point out that the reforms indicate a democratization of Moroccan society on two fronts: because of the sense of pluralism and debate they sparked in the public sphere, and because of their movement towards an individual-based rights system, as opposed to one based on collective rights. فردی که #آپارات را تاسیس کرده بود خود اعتراف کرده بود آپارات نان #فیلترینگ یوتیوب را می‌خ…, نقض آزادی وکلای دادگستری در فضای مجازی [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. "Morocco/Western Sahara." "The Politics of the Reform of the New Family Law (the Moudawana)." Le Code Marocain de la Famille « Moudawana » Communiqué de Presse, Droits des Femmes et Justice de Genre, Maroc / Sahara Occidental. According to the Moroccan Ministry of Justice, in 2008 there were more marriages and slightly fewer divorces in Morocco. [17], The creation of the PAIWD, and the stir it caused, effectively created two opposing political factions among Morocco's political elite, one identifying as “modernists” lobbying against the influence of Islamic extremists and the other identifying as traditionalists who insisted that newly proposed reforms were rooted in Western interference. Des nostalgiques de Benkirane, en Allemagne, quittent le PJD 25 novembre 2020 à 9 h 31. 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. 9 Oct. 2005. PDF. 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. The top-down nature of the reforms has resulted in many members of the judicial system simply ignoring the new laws’ provisions. [29] A few months later in October 2003, King Mohammed announced his decision to reform the Moudawana. 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]. "[8], Latifa Jbabdi's long history of activism before becoming involved with the UAF shows her commitment to feminism and reform. Slymovics, Susan. [18] These figures, and the differences between the two rallies, illustrate a polarization that exists in Moroccan society through today, and the divisions and controversy associated with it, along with the rise of Islamic movements in Morocco, ultimately prevented the PAIWD's implementation. [16] Levinson, Charles. 2001. The right to petition for divorce belongs to both men and women, though procedures for reconciliation and mediation are encouraged. [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. Challenges to these three institutions, whether through questioning the king's authority or the legitimacy of Islamic law as the basis for legal codes, are technically imprisonable offenses. Mehdi 15/09/2020 23:18. il est pas marocain, c'est completement illegal au maroc. [29] Ibid. May 2007. [4] Ibid. [13], As the reform campaign garnered attention and supporters, it also gained some enemies in its fight for women's equality. [10] Upon her release, Jbabdi founded and served as editor for 8 Mars (named for the date on which International Women's Day is recognized each year), a newspaper written by and for Moroccan women interested in feminist issues. [6] The debate extended beyond the realm of the political elite, however, eventually sparking enormous rallies in March 2000. "Assessing the Impact of the 2004 Moudawana on Women's Rights in Morocco." Berkeley: University of California Press, 2001. [6], In the 1980s, a financial crisis led King Hassan II to implement a program of structural adjustment that included some social reforms, leading to increased activity among political and civil society organizations. The Moroccan women's movement has been a product of the recent history of society since the pre-colonial period. 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. Fulbright-Hays Summer Seminars Abroad. 20 Jan. 2010. [11], Utilizing much of the leadership infrastructure and resources from 8 Mars, Jbabdi went on to found the UAF in 1987. Tennis’ Ace Card: Billie Jean King and the Battle for Women’s Equality, Uniao Nacional dos Estudantes: Generations of Student Struggle for Brazilian Rights, Through the Eye of the Needle: Frances Perkins and the Seamstresses’ Rebellion. Association des femmes du Maroc, 2004, L’égalité entre les Hommes et les Femmes, point de vue de la population marocaine, Rapport d’analyse, Rabat. La conférence internationale de Marrakech sur la Justice se tiendra les 21 et 22 octobre. Ouarzazate Le tourisme dans la région Drâa Tafilalet est face à un nouveau départ. 8 Oct. 2005. 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. [6] Many argue that the electoral system's main function is to serve as a means for the monarchy to create and manipulate a dependent class of political elites. ", Malchiodi, Beth. Divorce proceedings take place in a secular court, rather than before a religious official. The Moroccan regime has always been repressive, intimidating and disempowering political opposition members since gaining independence in 1956. [6], Many activists and scholars embrace the reforms as evidence that gender equality is compatible with Islamic principles; indeed, some scholars have argued that what they consider to be an authentic interpretation of Shari'a actually requires reforms in the name of gender equality. ALIMAROC ADDICT est un Blog pour les acheteurs Marocain. que le Maroc devienne, avec l'aide de Dieu, un grand chantier de production, générateur de richesse. [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. "This Time I Choose When to Leave: An Interview with Fatna El-Bouih." Of Moroccans who have heard of the new Mudawana, 85% of women and 59% of men support the reforms. "[36] Through its outreach efforts, the UAF broadened their base of supporters. 30 June 2009. "H E Latifa Jbabdi." Refworld is the leading source of information necessary for taking quality decisions on refugee status. Des Marocaines de la diaspora donnent leur avis sur la révision de la Moudawana Par Mohamed Chakir Alaoui et Yassine Benmini le 14/10/2020 à 16h13 (mise à jour le 14/10/2020 à 20h38) Moudawana .. [6], In 2004, a new Moudawana was enacted that advanced women's rights and overturned many discriminatory provisions. 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. Sharialaw that focuses more on custom . 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). Au Maroc, les mariages polygames gagnent du terrain, et ce, malgré la mise en place de la loi instaurée en 2004. 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. Cinq années après l’entrée en vigueur du code de la famille, nous l’avons fait, puis, à la commémoration de sa première décennie, nous l’avons relancé en organisant un forum ». 19 novembre 2020 à 18 h 47 Safi: un détenu condamné pour terrorisme met fin à ses jours; 19 novembre 2020 à 18 h 27 Maroc/Covid-19: 77 nouveaux décès, dont 25 à Casablanca; 19 novembre 2020 à 17 h 32 Ben Abdelkader répond favorablement aux demandes de certaines fonctionnaires; 19 novembre 2020 à 15 h 45 Covid-19: l’Oriental inquiète ! Generally speaking, the monarchy, Islam, and the territorial integrity of the Moroccan nation are considered to be the nation's three inviolable "sacred institutions." [27], The public mood also shifted in the reformists' direction after the terrorist attacks by Salafia Jihadia suicide bombers in Casablanca in 2003. “Chiffres clés: Dates clés” [Key figures: Key dates], Autoroutes du Maroc, accessed May 20, 2020, https: ... Family Code (Moudawana) of the Kingdom of Morocco 2004, pmbl. [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. The revision of the Family Code (Moudawana) in Morocco in 2004 represents the main advance in women’s rights. The UAF was opposed by the ulama, Islamic scholars and arbiters of religious law, as well as other religious groups that supported the existing Moudawana as a religious text. [6] Ultimately, the credit for the reforms' successful enactment has been given to the monarchy. Sharia, Muslim States, and International Human Rights Treaty Obligations. In October of 2003, King Mohammad VI announced his intention to radically improve women's rights by reforming Morocco's Mudawwana al Ahwal al Shakhsiyyah, or Code de Statut Personnel,1 and in January 2004, parliament unanimously accepted a series of dramatic changes based on his suggestions. « La Moudawana, que nous avons considéré comme un acquis en 2004, n’est plus d’actualité aujourd’hui. Morocco made a landmark reform to its family code (moudawana) in 2004; it is only the second Arab country (after Tunisia) to have introduced such progressive measures for women.Led by their own vigorous movement and supported by the king, women won greater equality – notably the right to marry without the permission of a male family member and to initiate divorce on a fairer basis. 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. [16] It was in this environment that calls for reform to the Mudawana first began to gain traction. Dispositions finales relatives à la moudawana de la famille A propos. A women's rights group known as the Women's Action Union, the Union de l'Action Feminine in French (UAF), and its allies wanted to reform these unjust laws and secure equal rights for women under the family code, thus catalyzing the Moudawana reform movement. Freedom House. Le juge aux affaires familiales à Safi a prononcé un divorce pour mésentente dans le couple, en l’absence du mari. We thought that we have succeeded in breaking the taboo and the sacredness of the Moudawana. Women cannot be married against their will, though if they wish to designate a male relative to act as their marital tutor, they may. Nous avons créé ce blog afin d’aider les personnes à faire leurs achats sur les sites de Ecommerce. [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. "This Time I Choose When to Leave: An Interview with Fatna El-Bouih. [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. 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. Vital Voices. [26] Ibid. One of the clearest indications came on March 12, 2000, when the reformists organized a march to take place in Rabat in recognition of International Women's Day. Finally, the number of women arranging their own marriages increased by over 14% between 2006 and 2007. Article précédent Salaires des fonctionnaires: le Maroc prépare une grande réforme Article suivant Quel est votre pire souvenir de l’année 2017? This included the founding of many new women's associations, many of which began as affiliates of existing political parties. B elarbi Aicha, 1992, « Mouvement des femmes au Maroc », La société civile au Maroc, Éd. 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." 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. Of the divorces granted, almost 30% were divorce by mutual consent – which did not exist before the 2004 reforms. Latifa Jbabdi (born 1955) is a Moroccan feminist activist and writer. Souss Sahara Atlantique Groupement des CRTs et CNT : 2 têtes pour un seul corps ?. 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. Dieu ait son âme -, qui, dès le recouvrement par le Maroc de sa pleine souveraineté, s'est attaché à la promulgation d'un code du statut personnel (Moudawana) qui devait constituer un premier jalon dans l'édification de l’Etat de droit et dans le processus d'harmonisation des … "A New Family Law in Morocco." [17][18] Arising from this context, the PAIWD did not explicitly reference Islamic values, and was more closely related to a “development discourse” that formed a crucial element of Mohammad VI's national agenda. Die Moudawana wurde 2004 vom marokkanischen König Mohammed VI. Once a woman comes of age, she does not need a marital tutor (a male relative, usually the father who speaks on her behalf). "This Time I Choose When to Leave: An Interview with Fatna El-Bouih." [3] Ibid. Secrétaire d’Etat chargé de la Protection sociale, de la Famille et de l’Enfance alors, Mohamed Saïd Saadi était et reste le … [34] Sater, James. La Moudawana ou Code du statut personnel marocain est le droit de la famille marocain codifié en 1958 sous le règne du roi Mohammed V.Ce code a été amendé une première fois en 1993 par Hassan II, puis révisé en février 2004 par le Parlement marocain et promulgué par le roi Mohammed VI le 10 octobre 2004.Cette dernière révision améliore entre autres les droits des femmes 1,063 likes. If you do not have access to Google Play download the Android APK file below ( Android 4.2.2 and higher). [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. [19] "Country Report: Morocco." However, the UAF held debates with these organizations to convince them that the Moudawana reforms were worth fighting for.[32]. [11] Eventually, public debates and discussions led to a broad rewriting of the Mudawana in 2003–4, which many attribute to the increase in activity and organization within Moroccan civil society in the 1990s as well as a changing international environment surrounding women's rights and gender equality. La polygamie dans la Moudawana marocaine : un numéro de haute voltige. Humphrey Institute of Public Affairs. [36] Robinson. #شب_یلدا https://t.co/ZfZhG2iich, Zvan, Katja. It was given the legal status of a utilité publique, an important designation for Moroccan civil society organizations, which allows them to raise funds and be exempt from taxes (similar to non-profit status in the United States). [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. 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. [11] Moreover, many scholars and activists have pointed out that there was strong support for reform from both sides of the debate; the conflict lay in the source of the reforms and in questions of cultural authenticity.[19]. [6] Ibid. 2009. [6] Other problems with the judicial system include a lack of training among the judiciary and provisions of the law that allow individual judges to consult principles of Shari'a in situations that are not covered by the Mudawana. [6], According to a 2010 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 group, with input from several Moroccan women's organizations and funding from the World Bank, produced Le Plan d’action national pour l’intégration de la femme au développement (The Plan of Action for the Integration of Women in Development, or PAIWD). Its first version was written in 1957-8 by a group of ten male religious scholars (Ulama) working under the auspices of the monarchy; its substance drew heavily on classical Maliki law. [2] Furthermore, many women's groups and feminist activists in Morocco hold the view that religion must be incorporated into any reformist framework for it to be acceptable to the Moroccan population, and as such, the reforms represent a progressive step without alienating the majority of the society. 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. La Moudawana ou Code du statut personnel marocain est le droit de la famille marocain codifié en 1958 sous le règne du roi Mohammed V. Ce code a été amendé une première fois en 1993 par Hassan II, puis révisé en février 2004 par le Parlement marocain et promulgué par le roi Mohammed VI le 10 octobre 2004. Le Conseil de la communauté marocaine à l’étranger (CCME) a organisé, vendredi 14 février 2020, une table-ronde sur le thème « médias et nouvelles technologies : construire une image réelle du Maroc à l’étranger ». "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." Since the passage of these reforms, women's groups in Morocco have been lobbying to change some discriminatory laws that survived the reforms. Women in Morocco are central to the family structure around which Moroccan society is based.