FAMILY CODE: ROYAL REFERRAL TO HIGHER COUNCIL OF ULEMA STANDS OUT AS ‘INCLUSIVE, MODERATE, CONSENSUAL’

Driven above all by the will to protect the well-being and stability of the family, the approach of HM King Mohammed VI, Commander of the Faithful, leads the way to constructive Ijtihad so as to bring forward legislation that will meet the expectations and needs of all family components.

Scholars, through their Higher Council, the institution exclusively empowered by the Constitution to issue Fatwas, are thus invited to examine and deliver their opinion on the proposals with a religious nature put forward by the body in charge of revising the Family Code and submitted to the High Appreciation of the Sovereign.

"The Family Law was a major step forward. However, it is no longer sufficient", the Sovereign stated in the 2022 Throne Speech.

In this respect, HM the King has called for all the players and institutions concerned to be involved in the reform process, including the National Council for Human Rights, the Government Authority in charge of Solidarity, Social Integration and the Family and the Higher Council of Ulema, while opening up to civil society, researchers and specialists in family issues.

In other words, the Kingdom is preparing not only to take a new step in the overhaul of the Family Code, but also to redefine the outlines of a society in harmony with societal developments and changes.

PUTTING IJTIHAD IN THE SERVICE OF FAMILY

There is no doubt that the referral of this matter to the Higher Council of Ulema is in line with the Royal ambition to meet the demands of society and keep pace with new social circumstances, within a renewal-oriented consensual framework that focuses on the stability of marital relations and enduring affection between all components of the family, the basic unit of society.

The Council is invited to issue a collective Fatwa to stop the various individual interpretations that are out of step with the reality of Moroccan society, while respecting the values of religion and taking account of the virtues of Ijtihad in the interests of the Moroccan family.

The future Family Code shall therefore be in line with the development of Moroccan society, and the Royal Referral is perfectly in keeping with this spirit, to support the proposals and social demands expressed, taking into consideration the interests of the Family and the stability of marital relations.

This bold approach shapes a resolutely forward-looking path, not only to build a dynamic society driven by the vigor and diversity of all its components, but also to make this new reform a catalyst for development.

Women's rights and family issues in general are at the top of HM the King's priorities, as demonstrated by the letter sent by the Sovereign to the Head of Government concerning the Family Code review.

In line with the High Royal Directives, consultations on this subject have embodied the innovative participatory approach that the Sovereign has called for, so as to respond eloquently to the expectations expressed by various social sensitivities, without exception.

Enshrining this dynamic, inclusive, open and forward-looking approach, the Royal Referral is governed by well-defined limits reminding the Higher Council of Ulema of Fatwa foundations based on the principles and rules of Islam and its purposes, as well as the content of the Royal Letter to the Head of Government, in which the Sovereign advocates the use of moderation and open and constructive Ijtihad to successfully revise the Family Code.