HIBAPRESS – Rabat
A human rights association submitted a request to the Court of First Instance in Rabat to appoint a judicial commissioner to visit the headquarters of the Higher Scientific Council and pose a set of questions of a religious and Sharia nature, in the context of its interaction with positions and statements attributed to Mohamed El Fayed.
The questions, according to the judicial order, included whether Eid al-Adha is considered an Islamic ritual, the legitimacy of washing the deceased, the ruling on describing it as an "infringement of its sanctity," in addition to the legitimacy of the Tashahhud in prayer and the status of the Sunnah as a source of legislation according to the Maliki school of thought adopted in Morocco.
However, the court considered that the request does not meet the legal conditions stipulated in Article 225 of the Code of Civil Procedure, explaining that orders based on a request are primarily linked to the protection of rights or the establishment of facts that can be relied upon, not to obtaining answers or religious opinions from a religious institution.
Accordingly, the court ruled to reject the request, with the costs to be borne by the applicant, opening a debate about the legal limits of the procedure for orders based on a request, and the extent to which it can be used to obtain positions or answers from official religious institutions.
