Comments on: Beyond the Moudawana http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/ Just another WordPress weblog Thu, 14 Jul 2011 22:32:26 -0600 http://wordpress.org/?v=2.9.2 hourly 1 By: Madeleine http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/#comment-9743 Madeleine Tue, 03 May 2011 23:53:17 +0000 http://www.talkmorocco.net/?p=337#comment-9743 I am also skeptical of the motives behind the monarchy's promotion of women's rights and gender equality in the new family law. And I certainly agree that there are contradictions in the current Mudawana that result in terrible injustices for some citizens, particularly women. For example, what are the rights of a woman to custody and financial support for her children if she became pregnant outside of wedlock? The new Mudawana does give the mother the right to give her child her own last name, but the bureaucratic procedures make it almost impossible for her to register the child's birth and obtain a Family Booklet. In reality, women who become pregnant outside of marriage, even if their pregnancy is the result of rape or incest, are treated as criminals and prostitutes in law and society. Some of us may feel that this is unjust, and that the humanity of all people deserves recognition and dignity. But I am not sure how legal reforms that will bring absolute equality may be made when, for example, the shari'a is clear that sex outside of marriage is zina, and houdud. My question is, what do you think the role of Islam should be in legal reform? How far can ijtihad go? Is it possible for the majority of Moroccans to see the kind of legal reforms that they desire and the law still remain true to Islam? Is it possible for them to accept legal changes that stand in contradiction to Islam? Or is it not so much legal reform, but actually the social policies that need reform to bring real improvements in the lives of men and women, and are necessary to bring about more egalitarian thinking? These are questions I have been pondering for quite sometime and would love to hear your opinions. I am also skeptical of the motives behind the monarchy’s promotion of women’s rights and gender equality in the new family law. And I certainly agree that there are contradictions in the current Mudawana that result in terrible injustices for some citizens, particularly women.

For example, what are the rights of a woman to custody and financial support for her children if she became pregnant outside of wedlock? The new Mudawana does give the mother the right to give her child her own last name, but the bureaucratic procedures make it almost impossible for her to register the child’s birth and obtain a Family Booklet.

In reality, women who become pregnant outside of marriage, even if their pregnancy is the result of rape or incest, are treated as criminals and prostitutes in law and society. Some of us may feel that this is unjust, and that the humanity of all people deserves recognition and dignity. But I am not sure how legal reforms that will bring absolute equality may be made when, for example, the shari’a is clear that sex outside of marriage is zina, and houdud.

My question is, what do you think the role of Islam should be in legal reform? How far can ijtihad go? Is it possible for the majority of Moroccans to see the kind of legal reforms that they desire and the law still remain true to Islam? Is it possible for them to accept legal changes that stand in contradiction to Islam? Or is it not so much legal reform, but actually the social policies that need reform to bring real improvements in the lives of men and women, and are necessary to bring about more egalitarian thinking?

These are questions I have been pondering for quite sometime and would love to hear your opinions.

]]> By: samira http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/#comment-3839 samira Fri, 26 Nov 2010 15:41:34 +0000 http://www.talkmorocco.net/?p=337#comment-3839 @imane Nonsense! The first step is to change the sexist laws. @imane

Nonsense! The first step is to change the sexist laws.

]]> By: imane http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/#comment-3837 imane Fri, 26 Nov 2010 15:20:19 +0000 http://www.talkmorocco.net/?p=337#comment-3837 before talking about the moudawana , at first , we should talk about the mentalities of morrocan people , because the moroccan citizicens are not their who live in rabat , casa or agadir ... who their number are small , so we must change the mentalities of the others who live in the far villages who there are not schools , we should sensibilise them about the necessity of women to our live , our country , our future . ant to empower her and teach her their rights . like that , we can't say : mission impossible , bacause with we can do that . before talking about the moudawana , at first , we should talk about the mentalities of morrocan people , because the moroccan citizicens are not their who live in rabat , casa or agadir … who their number are small , so we must change the mentalities of the others who live in the far villages who there are not schools , we should sensibilise them about the necessity of women to our live , our country , our future . ant to empower her and teach her their rights . like that , we can’t say : mission impossible , bacause with we can do that .

]]> By: nougat http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/#comment-1047 nougat Fri, 07 May 2010 12:32:37 +0000 http://www.talkmorocco.net/?p=337#comment-1047 The changes brought by this code are just for the facade. The organized momentum is just for politics showing that we are open minded and still following religion, in other words: mission impossible. The impact of this code is negative because is full of contradictions and double standards. Most of the contradiction would not have been made by a young child. The changes brought by this code are just for the facade. The organized momentum is just for politics showing that we are open minded and still following religion, in other words: mission impossible. The impact of this code is negative because is full of contradictions and double standards. Most of the contradiction would not have been made by a young child.

]]> By: smiley http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/#comment-835 smiley Tue, 20 Apr 2010 09:18:01 +0000 http://www.talkmorocco.net/?p=337#comment-835 they (the whole society ) need a complete overhaul of that familly code. The moudawana of 2004 is more prehistoric than the first one: it gives equal patronnage (of the familly) to the woman and givess divorce right to women but does not oblige the women to material contribution to familly expenses. That by itself is a complete non-sense (when the work force of Morocco is constituted of women). This moudawana is just a play with words made in order to hide the non sens of outdated islamic rules. this code has shown that women are stille deeply considered as sex and procreation objects. they (the whole society ) need a complete overhaul of that familly code. The moudawana of 2004 is more prehistoric than the first one: it gives equal patronnage (of the familly) to the woman and givess divorce right to women but does not oblige the women to material contribution to familly expenses. That by itself is a complete non-sense (when the work force of Morocco is constituted of women). This moudawana is just a play with words made in order to hide the non sens of outdated islamic rules.
this code has shown that women are stille deeply considered as sex and procreation objects.

]]> By: smiley http://www.talkmorocco.net/articles/2010/03/beyond-the-moudawana/#comment-834 smiley Tue, 20 Apr 2010 09:15:04 +0000 http://www.talkmorocco.net/?p=337#comment-834 they (the whole society ) need a complete overhaul of that familly code. The moudawana of 2004 is more prehistoric of the first one: it give equal patronnage of the familly to the woman and divorce right but does not oblige the woman to material contribution to the familly expenses. That by itself is a complete non sense (when the work force of Morocco is constituted of women). This moudawana is just a play with words made in order to hide the non sens of outdated islamic rules. they (the whole society ) need a complete overhaul of that familly code. The moudawana of 2004 is more prehistoric of the first one: it give equal patronnage of the familly to the woman and divorce right but does not oblige the woman to material contribution to the familly expenses. That by itself is a complete non sense (when the work force of Morocco is constituted of women). This moudawana is just a play with words made in order to hide the non sens of outdated islamic rules.

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