Statement by the Royal Office

Here follows a statement by the Royal Office: “His Majesty King Mohammed VI, may God assist Him, chaired, Monday at the Royal Palace in Casablanca, a working session on the revision of the Family Code. This session follows the submission by the Body in Charge of Revising the Family Code of a report to His Majesty the King, marking the completion of its mission within the designated timeframe. This report includes over 100 proposed amendments. It also follows the referral by His Majesty the King, Commander of the Faithful, of some specific proposals concerning religious texts to the Supreme Council of Ulema, which has since provided a legal opinion. It also comes after HM the King, may God glorify Him, made the necessary arbitrations on issues on which the Body issued more than one opinion, or where revisions required recourse to Sharia. These Royal arbitrations have given priority to choices that are in line with the guidelines and objectives outlined in the Royal Letter addressed to the Head of Government, as well as those set by the norms governing the Body’s work, mainly the norm of “not prohibiting what is authorized, nor authorizing what is prohibited.” During this session, Minister of Justice Abdellatif Ouahbi, as a member of the Body in Charge of Revising the Family Code, gave a presentation before His Majesty the King on the Body’s approach and working methodology, in particular the listening and hearing sessions organized by the Body, as well as the most important proposals arising from them, which it included in its aforementioned report, in addition to the expected objectives of these proposals. The Minister of Endowments and Islamic Affairs Ahmed Toufiq, as a member of the Supreme Council of Ulema, presented the conclusions of the Council’s Opinion, which established the essential legal basis for some of the Body’s proposals, and took into account the principle of Maslaha (interest) to find Sharia-compliant solutions regarding other proposals. This provided an opportunity to highlight the capacity of constructive Ijtihad in deducing Sharia rules, the middle ground and moderation of the Moroccan School of Fiqh, which draws its foundations from the Kingdom’s religious constants. In this respect, HM the King, Commander of the Faithful, called on the Supreme Council of Ulema to pursue reflection and adopt constructive Ijtihad on the issue of the family, by creating an adequate framework within its structure, in order to deepen research into Fiqh issues linked to the evolutions experienced by the Moroccan family, and which require innovative responses in phase with the demands of the present day. In order to clarify the main contents of the revision of the Family Code, the Sovereign instructed, during this session, the Head of Government and the Ministers to communicate with the public and keep it informed of the latest developments in this revision, which the government will ensure is drawn up and devised within a reasonable timeframe as part of the legislative initiative, in line with the relevant constitutional provisions. As for the legislative phase of the Family Code revision, and the ensuing discussions and votes within the two Houses of Parliament, HM the King, May God preserve Him, recalled the guidelines and foundations that should frame it, as contained in the aforementioned Royal Letter. These are the principles of justice, equality, solidarity and coherence advocated by the Holy religion of Islam, as well as the universal values enshrined in the international conventions ratified by Morocco. HM the King also stressed the need to keep in mind the Sovereign’s desire for reform and openness to progress, through the launch of this promising reform initiative, twenty years after the implementation of the Family Code, and to guarantee the protection of the family on legal, social and economic aspects. The Sovereign also stressed the need to perceive the content of the reform within a framework of complementarity, in the sense that it does not favor one party to the detriment of the other, but concerns the Moroccan family, which constitutes the “basic cell of society.” This implies ensuring that all the above is drawn up in the form of clear and intelligible legal rules, in order to avoid contradictory judicial readings and cases of conflict in their interpretation. His Majesty the King, may God assist Him, also drew attention to the mandatory need to give the necessary attention to all the prerequisites supporting and strengthening the Family Code revision. This includes consolidating the experience of family justice, revising the relevant legislative and regulatory texts in the light of the new constitutional provisions, or devising awareness-raising programs enabling citizens to access the law and better assimilate their rights and obligations. This working session was attended by Head of Government, Mr. Aziz Akhannouch, Minister of Justice, Mr. Abdellatif Ouahbi, Minister of Endowments and Islamic Affairs, Mr. Ahmed Toufiq, and Minister of Solidarity, Social Integration and Family, Ms. Naima Ben Yahia.”