King Mohammed VI said that the application on the ground has lifted the veil on certain limits of the moudouwana (Family Code), which have hindered optimal implementation.
In a speech to the Nation on the occasion of the 23rd anniversary of the Throne Day, the Sovereign called for a reform of this code, so as to guarantee the rights of all, men and women.
“The Family Code represented a real leap forward, now it is no longer enough as such. The experience has in fact brought to light certain obstacles which prevent the reform initiated from being perfected and the expected objectives from being achieved”, said the King.
By way of example, he mentioned in particular “the incorrect application of the Code due to various sociological factors”, including “the tenacious propensity of a category of civil servants and men of justice to consider that the Code is reserved for women “.
The reality is different, affirmed the Sovereign, because, he said, “the Code is specific neither to men nor to women: it is dedicated to the whole family. Based on the notion of balance, it gives men and women the rights that fall to them respectively and it takes into account the interests of children”.
Also, We underline the need for all, unanimously, to commit to the full and judicious application of the legal provisions of the Code, continued the King, noting that it is also necessary “to overcome the shortcomings and the negative aspects revealed by the experience carried out in the field and, if necessary, to revise certain provisions which have been diverted from their primary purpose”.
“In the capacity of Amir Al-Mouminine, and as I affirmed in 2003 in the Speech presenting the Code before the parliament, I cannot authorize what God has prohibited, nor prohibit what the Most High has authorized , in particular on the points framed by formal Koranic texts”, affirmed the Sovereign, who reiterated the attachment “to ensuring that this reforming momentum is carried out in perfect harmony with the ultimate intentions of Islamic Law (Sharia) and the specificities of Moroccan society.
“We also ensure that it is imbued with moderation, open-mindedness in the interpretation of texts, a desire for consultation and dialogue, and that it can count on the support of all the institutions and the actors concerned”, he highlighted.
While expressing the ambition “to pursue the construction of an advanced Morocco strong in its dignity”, where “it is essential that all Moroccans, men and women, take an active part in the dynamics of development”, the King insisted “on the need for Moroccan women to provide their full support in all areas”.
“The spirit of the reform does not consist in granting women graceful privileges, but, much more precisely, in assuring them of the full enjoyment of the legitimate rights conferred on them by the law. In today’s Morocco, it is indeed no longer possible that she be deprived of it,” he insisted.
In this regard, the King called for “the operationalization of constitutional institutions concerned with the rights of the family and women and that the mechanisms and national legislation dedicated to the promotion of these rights be updated”.
In the same context, he called for family courts to be generalized throughout the regions of the country, that they be provided with qualified human resources and that they be assigned the material means necessary for the effective fulfillment of their mission”.
In this regard, the Sovereign wished to recall “an essential truth”, namely “when women fully access their rights, they do no harm to men, nor do they harm themselves. In fact, the sine qua non condition for Morocco to continue to progress is that they occupy the place that falls to them and that they bring their efficient support to all sectors of development”.