Al-Kanbouri: “The amendments to the Code will affect the prestige of the state in the future. »
This article was automatically translated from HIBAPRESS, the Arabic version:
This article was automatically translated from HIBAPRESS, the Arabic version:
Heba Press – Rabat
Moroccan researcher and academic Idris Al-Kanbouri commented on developments related to the modification of the Family Code.
Al-Kanbouri said in a long message posted on his official Facebook account: “Today there is a state of double polarity between those who defend the amendments to the Family Code – as they are currently announced – and those who reject them, for reasons of objectivity and truth. defenders of the amendments do not provide evidence and resort to public discourse. the amendments are actually negative, because their supporters cannot They delve into details and flee to generalities; Whereas two years ago they were digging into the details to prove the backwardness of the current code, today the details are against them.”
Some of these people, Al-Kanbouri adds, react almost daily to my opinion, even though I know them as I know my own hands, and among them are lawyers whose goal I know is not the blog but the Minister of Education. Justice, may God forgive them. We are discussing this issue far from any political, ideological or interest alignment. We defend society as a whole and we realize with unshakable certainty that this issue will affect the prestige of the state in the country. the future, and we are not among those who defend sectarian issues at the expense of the state.
Al-Kanbouri went on to write: “I listened to one of the veiled women, who was perhaps a member of one of the learned councils, justify the removal of the marital home from the estate by allowing the mothers of believers, that May God be pleased with them for remaining in their homes after the death of the Messenger, may God bless him and grant him peace. This is an analogy that contains errors, because the mothers of believers have a special and exceptional status in the legislation. , including not getting married; It is not permissible to take their condition as a criterion, and it is clear that the woman found only this one proof, which is not valid.
He continued: “We believe that the code could be better if the door of ijtihad was left open to special cases and moreover, Moroccans know the jurisprudence of calamities which deals with special cases and resolves various problems. similar to the highway code which works the same way in all cities and streets, it is a law, not a case law… We discuss the question of housing as if all citizens had housing, and the blog has covered of this case, but he neglected the case of a family living on rent, the husband died and the owner of the house evicted the family. On the street, what does the blog offer for this category? Isn’t there a woman in there?
Al-Kanbouri concluded his message by saying: “Moroccans are proud of calamity jurisprudence and consider it an advanced method to resolve the many problems related to marriage, sales and others. It is a method that even orientalists like Jack Burke have described as an advanced method. progressive, but Moroccans are proud of it then ignore it, and I see that leaving the door to ijtihad open. Welcoming special cases is the only solution to reconcile the international imperatives that we understand and the need to preserve the family and society.
