The controversy surrounding the Moroccan Family Code: between rights and fears

This article was automatically translated from HIBAPRESS, the Arabic version:

This article was automatically translated from HIBAPRESS, the Arabic version:

Heba Press – Abdel Latif Baraka

The proposed amendments to the Moroccan Family Code, under the title “The husband must and the wife has the right,” sparked widespread controversy on social media platforms, where discussions raged between supporters and opponents. These amendments constitute a step towards activating the demands of certain women’s organizations which seek to improve the status of women in various aspects of married life. However, some of the proposed provisions have raised many concerns, particularly regarding their potential effects on the institution of marriage and the future of the family in Moroccan society.

1. Human rights demands or threat to the institution of marriage?

On the one hand, supporters of the amendments believe that this approach is part of the transformations in Moroccan society and follows the pace of international trends linked to women’s rights. They consider that current laws are no longer sufficient to guarantee the rights of the wife and that their modernization is a necessity to achieve equality between spouses within the framework of the institution of marriage. However, the opposition is largely focused on concern about the impact of these amendments on family stability, especially since some of them could lead to a weakening of this institution. The clause relating to the “marital home” and the possibility of removing it from the inheritance or attributing it to the divorced woman is a crucial point of controversy.

2. Concern about the “marital home” clause

One of the provisions that has caused the most controversy is that relating to the removal of housing from the estate or the granting of a house to a divorced woman. This causes discontent among many people, as they consider it unfair to the spouse and heirs. In some cases, other members of the husband’s family may live in the same house and it may be unfair for the house to be given to the divorced wife in the event of a divorce, especially if it affects the right of others to inherit. . This clause is seen by some as a challenge to family stability and could open the door to other legal and social problems that could affect family relationships and the mutual rights between spouses and their families.

3. Fears of social consequences

Some critics of these amendments fear that these changes will lead to the disintegration of families and an increase in social problems such as crime and psychological problems. They point to the experience of other countries, such as Tunisia, where legal changes have sometimes caused increased family tensions and widespread separation within society. Some believe that such amendments could help encourage divorce at the expense of family stability, which could lead to an increase in the economic and social problems faced by individuals in society.

4. Alimony for a divorced woman who remarries: is it justice or a burden?

One controversial point concerns the proposal to maintain alimony for divorced women who remarry. This clause has caused much controversy, with some considering it unjustified, especially if the divorced woman remarries. According to this opinion, it is not reasonable for the ex-husband to remain obliged to pay alimony to his ex-wife, who can find financial support from her new husband. This requirement also contradicts certain legal values ​​​​in the eyes of opponents, because they believe that imposing alimony in this case can represent an additional burden for the ex-husband and give him an unfair role in the woman’s life after the divorce .

5. Future challenges: Finding a balance between the rights of spouses

It is clear that the proposed amendments to the Moroccan Family Code are part of an effort to achieve a balance between the rights of spouses, but the implementation of these amendments requires taking into account the factors social and cultural issues that affect Moroccan society. As many individuals and institutions continue to call for more rights for women, the economic and social dimensions of these amendments must also be considered, as well as the extent to which they are consistent with religious and social principles that are part of of Moroccan politics. identify.

The debate on proposed amendments to the Moroccan Family Code continues to rage, reflecting a great disparity in society’s opinions between the call for strengthening women’s rights and concern about the impact of these amendments on the stability of the family and society in general. While many of these amendments can help improve the situation of women and strengthen their rights, the most important question remains: how to balance the rights of spouses in a way that preserves family stability and protects the rights of all parts?