Est-il utile de brûler le Coran ? [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. 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. [4] Ibid. The right to petition for divorce belongs to both men and women, though procedures for reconciliation and mediation are encouraged. 19 Dec. 2003. [20] The framework of the debate around the development and reform of the Moudawana, which has become a part of Moroccan political life from the first years of independence to the present day, reflects, in fact, an amplified and recurrent process of the issues surrounding the … 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. [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. [15], In 1969, King Hassan II created the Union Nationale des Femmes Marocaines (UNFM), an organization with the stated goal of improving the social and economic status of women in Morocco. Refworld is the leading source of information necessary for taking quality decisions on refugee status. [3] This formed the foundation of one of the four major Sunni schools of Islamic jurisprudence still in existence today. 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. 6 septembre 2020; Islam = Islamisme (10) 22 août 2020; Comment égorger un mouton dans sa salle de bains 12 août 2020; Archives Archives. These sayings were collected and published by Malik, along with commentary. Polygamie : une tendance qui gagne de plus en plus de terrain au Maroc. [19], Other critics of the Mudawana point out that irrespective of the value of the reforms themselves, the process by which they were achieved is flawed, creates difficulties for their implementation, and can even be considered counter-productive to the process of democratization. Smer, Rabat. 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. [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. [25] Ibid. [8], The King is not only a political leader, but also holds the title “Commander of the Faithful,” indicating his role as a religious leader as well. [30] Ibid. The period of confinement decreed within the framework of the state of health emergency has highlighted the importance of the role played by women and their contribution to the fight against the coronavirus (Covid-19) pandemic, said Saturday minister of Solidarity, Social Development, Equality and Family, Jamila El Moussali. [9] Without this license, an association will have difficulty securing funding and has no right to recourse within the Moroccan justice system. [13] Ibid. 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. The parent who gains custody of the child keeps the house. "Progressive or Conservative, Women Influence Islam." Zvan, Katja. [9] Slymovics, Susan. [19], However, there is some evidence that the reforms are not totally without effect. The top-down nature of the reforms has resulted in many members of the judicial system simply ignoring the new laws’ provisions. United Nations Development Fund for Women. Le Royaume est signataire de la Convention sur l’élimination de toutes les formes de discrimination à l’égard des femmes (CEDEF). [17] One point of common ground between both factions was an appeal to the king for arbitration. [15] Ibid. 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. Sharia, Muslim States, and International Human Rights Treaty Obligations. Maroc Les MRE débattent de la Moudawana. "H E Latifa Jbabdi." Women in Morocco are central to the family structure around which Moroccan society is based. En 2004, la réforme de la Moudawana (code du droit de la famille marocain) apparait comme étant le début d’une révolution juridique et sociale consacrant l’égalité homme-femme et améliorant le droit des femmes au sein de la cellule familiale. Fulbright-Hays Summer Seminars Abroad. Once a woman comes of age, she does not need a marital tutor (a male relative, usually the father who speaks on her behalf). Octobre 21, 2012. All rights reserved. [22] The campaign was highly successful and the UAF exceeded their target by collecting more than a million signatures, a considerable achievement given Morocco's total population of only 25 million.[23]. We thought that we have succeeded in breaking the taboo and the sacredness of the Moudawana. Copyright © 2020 E-Collaborative for Civic Education. Sater, James. November 9, 2017. [10] Ibid. 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. 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. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Sater, James. La Moudawana, le nouveau droit de la famille au Maroc PDF By:Omar Mounir Published on 2005 by Marsam Editions. … Des nostalgiques de Benkirane, en Allemagne, quittent le PJD 25 novembre 2020 à 9 h 31. 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. [8] Robinson, Helah. The bill, which was passed into law in 1993, contained a few changes beneficial to women. 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. Mots clés conditions féminines el othmani femmes Maroc moudawana. 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). The minimum age for women to marry was raised from 15 to 18, the same as the men's minimum age; women no longer needed to obtain approval from a guardian before marrying; men were forbidden from unilaterally divorcing their wives; women were given the right to divorce their husbands; and while it was still permitted for men to have multiple wives, restrictions were imposed to make polygamous marriages harder to obtain and only with the permission of a judge.[7]. 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. Moudawana .. Faculty of Oriental Studies: University of Oxford. Polygamie : une tendance qui gagne de plus en plus de terrain au Maroc. Moudawana: L'Union de l'action féministe appelle à réviser le code de la famille dans sa globalité 19 février 2018 - 06:57. Bran, Laurie A. [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. #شب_یلدا https://t.co/ZfZhG2iich, Zvan, Katja. Une décennie après son adoption par le Parlement marocain, le nouveau Code de la famille (Moudawana) a consacré l’égalité entre les. 29, alinéa 2). 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) 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. 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. [6] The PAIWD's main areas of focus were education, reproductive health, the involvement of women in development, and empowerment through legal reforms and a strengthening of political power. Women cannot be married against their will, though if they wish to designate a male relative to act as their marital tutor, they may. admin March 16, 2020 March 16, 2020 No Comments on LA MOUDAWANA MAROCAINE PDF 8 févr. [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]. 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), This page was last edited on 14 November 2020, at 05:28. King Mohammed VI, whose reign began in 1999 after the death of his father, was much more sympathetic to their cause than King Hassan II had been; in fact, when he ascended the throne, King Mohammad VI promised in a nationally televised speech that he would work to improve Morocco's human rights record. This Book was ranked at 16 by Google Books for keyword administration des soins de santé à l'étranger.. Book ID of La Moudawana, le nouveau droit de la famille au Maroc's Books is rSkJDuzIeF0C, Book which was written byOmar Mounirhave ETAG "AgzP2zTAVXY" 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][15] He also indicated that he sought to “reflect the general will of the nation” rather than impose legislation from above, and described the reform as not a victory for one side or the other. [14] Ibid. Children in custody must be given “suitable accommodation,” the terms of which must be settled within a month of any dispute. Fiscmaroc vous permet de consulter les textes juridiques marocains en vigueur de plusieurs matières. Les règles du mariage au Maroc DM Dissolution du mariage. [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. Moudawanat Aliexpress. Its most recent revision, passed by the Moroccan parliament in 2004, has been praised by human rights activists for its measures to address women's rights and gender equality within an Islamic legal framework.[2]. ", Ghazalla, Iman. zouk dial lahwa - Tanger on the map. [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.”. The Moroccan regime has always been repressive, intimidating and disempowering political opposition members since gaining independence in 1956. 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. Tous les ans, un millier de mariages polygames sont célébrés. Finally, the number of women arranging their own marriages increased by over 14% between 2006 and 2007. Husbands and wives now have equivalent rights in house … [11], Utilizing much of the leadership infrastructure and resources from 8 Mars, Jbabdi went on to found the UAF in 1987. "Progressive or Conservative, Women Influence Islam.". [3], Though the UAF and other women's groups were disappointed by the limited nature of the reforms, they still saw the new bill as a victory. Morocco in Transition, Middle East Report 218 (Spring 2001). 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. 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. Souss Sahara Atlantique Voyage.Le Portugal, premier pays européen à recevoir le label “Safe Travels”. [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. An Overview . Maintenant je dis que les idées de ces gens là ne donneront rien de bon au Maroc. 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. Of the divorces granted, almost 30% were divorce by mutual consent – which did not exist before the 2004 reforms. 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. Magharebia. 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. London: British Institute of International and Comparative Law, 2008. "More Marriage, Less Divorce Attributed to New Moroccan Family Code." Die Autorin Narjis Lamzari analysiert anhand von Interviews, die sie vor Ort durchgeführt hat, die aktuellen Veränderungen, die sich auf Grund der neuen Moudawana in Marokko ergeben haben. When she was 14, she became involved in a student movement campaigning for democratic reforms in Morocco. 9hab Maroc 2011 - Metacafe (lahwa 9hab) zouk dial lahwa is located in Tanger. The movement did not stop once they had achieved their original goals. [23] Two-thirds of Moroccan women surveyed said they felt the new Mudawana had improved women's status in Morocco, and 50% of men agreed. La conférence internationale de Marrakech sur la Justice se tiendra les 21 et 22 octobre. Cette 2ème édition s’articulera autour du … PDF. Le Code Marocain de la Famille « Moudawana » Communiqué de Presse, Droits des Femmes et Justice de Genre, Maroc / Sahara Occidental. Berkeley: University of California Press, 2001. Au Maroc, les mariages polygames gagnent du terrain, et ce, malgré la mise en place de la loi instaurée en 2004. Freedom House. 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. Le Mariage mixte Franco Marocain au Maroc va consister en plusieurs étapes. Human Rights Education Associates. [6], Five years after the new Mudawana laws were passed, the president of the ADFM noted that opposition to its reforms was still present throughout the judicial system. The Legal System of Morocco . However, on the same day, an alliance of opponents to the movement organized a march in Casablanca, where the women, all veiled, marched in separate lines from the men. Women's dissatisfaction with the Mudawana, however, reflects a belief that it is not implemented widely and successfully enough to address the problems of women's rights. Vital Voices. 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. "The Politics of the Reform of the New Family Law (the Moudawana). [4], Morocco has been described as a “liberalized autocracy. [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. "This Time I Choose When to Leave: An Interview with Fatna El-Bouih." 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. B elarbi Aicha, 1992, « Mouvement des femmes au Maroc », La société civile au Maroc, Éd. [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 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. [33] Ibid. [7] These conditions have impacted the process of reforming Moroccan family law significantly. The reformed version of the Moudawana grants men and women equal rights within the family. Vision and Motivation. DG Dispositions générales. [22], When announcing the reforms, Mohammad VI indicated that he sought to “reflect the general will of the nation” rather than impose legislation, and emphasized that the reform did not represent a "victory" for one side or the other. Sous l'impulsion du roi, la réforme de la Moudawana - le code de la famille - a marqué un tournant dès 2004 au Maroc. [11] It did this in part by codifying the system of existing patriarchal, kin-based social structures within the newly independent state. 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 [9] A state's family or personal status law has wide-ranging implications for citizens' daily lives, but many gender equality advocates point out its particular significance for women, as it governs the age at which they may be married, issues of divorce and child custody, and their right to work and travel outside the home.
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