A Brief Note On Moroccan Family Law Reform

1840 WordsNov 7, 20148 Pages
Emily Schwartz Introduction to International Studies Research Paper 5 November 2014 Moroccan Family Law Reform In modern Muslim societies, family law tends to serve as a powerful tool, and its regulation as a political and social construction raises various questions about the political life and role for women. Since 1958, the debate about women and there family status has taken a critical role in how the family life in Muslim societies play out. Gender equality is a feature of the national constitution, yet the law tends to continually restrict women’s rights and their freedoms. It dictates the submissive role women hold relative to male counterparts and also how the law limits what women may inherit or own. Even when the law continues to…show more content…
This improved the status of women in the private and public sphere of society. When women’s rights activists were advocating changes in family law, they used an Islamic framework to base their mission. Some reforms to the Mudawana was the participation of women in the family setting. Some of the reforms that were achieved include the right of autonomous decision-making in issues about legal affairs without guardianship of a male. It also included equal responsibility for children and ownership over the household and finances. These reforms provide a usable agglomeration of women’s rights and their voices within the Moroccan family setting (Kelly & Breslin 2010). The assembly and organizational success of the family law campaign in Morocco has been viewed as a positive model for activists of women’s rights in the Middle East and have been adopted in different cultures. Under Mudawana law of 1950, women were considered minors under the guardianship of their male guardian (Harrak 2009). Women could not be married without the signature and consent of her male guardian, or wali. A woman could be legally married at the age of 15 while her male counterpart could be married at the age of 18 (Sadiqi 2003). A woman could not be employed and could not obtain a passport without the permission of her male guardian. Women could also lose custody of their children when they got
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