تأثير الحركات النسائية الحداثية في مسار التشريع الأسري: الحالة المغربية أُنموذجا

Abstract

Abstract

Objectives: This study explores the impact of modernist women organizations on Moroccan family law, particularly in relation to the demands they have articulated over time. The study spans from the year 1957 to the most recent reform process initiated on July 30, 2022. It examines the foundational principles from which these organizations advance their demands and evaluate the extent and ways in which their demands align with or challenge Islamic identity and national cultural specificity.

Methodology: The research utilizes a historical approach to trace the impact of women movements on key milestones in the development of Moroccan family law. Additionally, it incorporates both descriptive and analytical methodologies to scrutinize the main demands put forth by these movements, along with the justifications they present to the legislator. It critically analyzes these demands and explores their foundational principles and the eventual outcomes of their advocacy.

Findings: The study concludes that modernist women movements have had significant influence on the process of revising Moroccan family law. Their pressure led to the passing of several proposals. It is also evident that certain factions, particularly those aligned with a modernist leftist perspective, show a significant indifference towards Islamic principles and national cultural values in some of their demands. They predominantly draw upon international conventions and global recommendations to contextualize their proposals within the discourse of women’s rights and societal modernization, however, often at the expense of maintaining the integrity of Islamic family law.

Originality: This study presents a thorough examination of the evolution of women demands from 1957 to 2022, along with an in-depth analysis of how these demands have shaped the development of Moroccan family law. It also critically engages with the modernist women push to amend certain Islamic tenets within the Family Code, with an original perspective into the ongoing tension between Islamic jurisprudence and the dynamics of modern legal reforms. It also draws upon several of the most recent memoranda and petitions submitted to the Family Code Review Committee, which provides an up-to-date view on the topic.