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8 - Contested Issues of Moroccan Family Law

Published online by Cambridge University Press:  19 February 2019

Dörthe Engelcke
Affiliation:
Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany
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Summary

This chapter proceeds by surveying a range of contested issues, namely marriage of minors, guardianship, divorce and reconciliation, polygyny, and shared assets, which were debated prior to the issuing of the 2004 family law in Morocco, and the various legal suggestions made by secular feminists and Islamists. Secular feminists and Islamists, who are normally portrayed as at opposing ends, overlapped on a number of issues such as the issue of shared assets. Thus, a view that portrays the positions of feminists and Islamists as dichotomous is misleading. In Morocco it was King Muhammad VI who shaped the way the reform process was carried out and who was consequently able to determine the development of the content of the law. The 2004 law reflects the demands of women’s groups to a greater extent. This was mainly the case because the Moroccan king backed many of their demands. Like in Jordan the increasing state control is the most obvious observable change of family law reform in Morocco. A closer look at the provisions of the 2004 law reveals that, like in Jordanian, the 2004 law continues to include many provisions that violate gender equality, indicating persistent limits to the scope of state-led reform.
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Reforming Family Law
Social and Political Change in Jordan and Morocco
, pp. 180 - 198
Publisher: Cambridge University Press
Print publication year: 2019

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