This article was automatically translated from HIBAPRESS, the Arabic version:
This article was automatically translated from HIBAPRESS, the Arabic version:
Heba Press – Rabat
The Association of Scholars of the Arab Maghreb expressed its deep concern over the recent modifications to the Family Code announced by the Minister of Endowments and Islamic Affairs of the Kingdom of Morocco, and attributed to the Supreme Scientific Council, considering that they include blatant violations of what is agreed in Islamic law.
In its statement published Wednesday 23 Jumada al-Akhira 1446, the Association confirmed that these amendments affect the constants of the Islamic religion and the jurisprudential consensus, warning that their application could lead to a conflict of law with Islamic law, which which could push people to resort to legal fatwas rather than litigation in court.
The statement said that the most significant violations included in the amendments include the removal of the requirement of testimony in the marriage contract, which is considered one of the fundamental pillars of Sharia, in addition to granting custodial mother of legal guardianship over children after divorce, which is considered an injustice to the husband and deprives him of his legal rights.
The statement also denounces the imposition of laws relating to wife’s debts, which contradict jurisprudential consensus, and approves the idea of sharing the spouses’ money in the event of divorce, which is contrary to the provisions of marriage in Islam. . .
Concerning the issue of inheritance, the Association considered that the modification of the rights of heirs in matters of inheritance constitutes a violation of the provisions of Islamic Sharia, particularly with regard to the denial of the rights of family members to the husband’s mother and sister.
The association warned that these amendments, which it describes as a result of international pressure, would further aggravate family problems and lead to increased conflicts within the family, which would particularly harm women.
She also questions why a law specific to the Maliki school of thought has not been proposed, which would allow Muslims to be judged according to Sharia law, instead of imposing secular laws.
In conclusion of the declaration, the Association underlined the need for academics, judges and civil society to oppose these amendments, in order to preserve the constants of the Islamic religion and the Maliki sharia adopted by Morocco, calling for a return to the Islamic religion. Sharia law, which represents a guarantee of justice and stability in society.
