Nieuwe wetgeving marokko

Gestart door Arrows, 13/10/2003 om 20:13:26

Arrows

No Progress Possible if Women' Rights Are Violated, Says King

Rabat, Oct.10 - H.M King Mohammed VI of Morocco has defended the right to equality between Moroccan men and women, and urged for a reform of the family law and the woman status "Mudawana".

"How can society achieve progress while women, who represent half the nation, see their rights violated and suffer as a result of injustice, violence and marginalisation, notwithstanding the dignity and justice granted them by our glorious religion?" asked the king who was addressing members of parliament at the opening here Friday of the legislative year.

The monarch who had posed this very question in his speech on August 20, 1999 marking "the Revolution of the King and the People" day said that "in addition to taking significant decisions and initiatives to ensure that women enjoy a better and more equitable status, I did not hesitate to take steps to prevent the Moroccan society from being split over this issue".

To this end, he went on, I set up a multi-disciplinary advisory committee to propose an in-depth review of the Family Law.

The Moroccan king took this opportunity to commend the efforts exerted by the chairman and all the members of the committee.

"Views on certain issues may have differed at times, but in the case of Ulemas (religious scholars), I consider such differences rather as a blessing", he explained. "These reforms, the most important of which I have mentioned, should not be perceived as an indication of one side's victory over the other, but rather as gains for all Moroccans", he insisted.

H.M King Mohammed VI, in his capacity of "Amir Al-Muminin" (Commander of the Faithful), said: "I cannot make licit what God has forbidden, nor forbid what He has made lawful".

"It is necessary to be mindful of the tolerant aims of Islam, which advocate human dignity, equality and harmonious relations, and also to rely on the cohesiveness of the Malikite rite and on ijtihad, thanks to which Islam is a suitable religion for all times and places", the king said, adding that "the aim is to draw up a modern Family Law which is consistent with the spirit of our glorious religion".

He also insisted that "the Family Law should not be considered as a legislation devised for women only, but rather as a code for the family: father, mother and children. The proposed legislation is meant to free women from the injustices they endure besides protecting children's rights and safeguarding men's dignity.

"Would anyone of you want to see his wife and children thrown out of their home and into the street, or his daughter or sister treated brutally?" asked the sovereign, underlining that "as the King of all Moroccans, I do not make legislation for a given segment of the population or a specific party. Rather, I seek to reflect the general will of the Nation, which I consider to be my extended family".

H.M King Mohammed VI also voiced resolve to "preserve the rights of my faithful subjects of Jewish faith", saying "I have seen to it that the new Family Law contains a provision which reaffirms that they shall continue to be governed by the Hebraic Moroccan Family Law".

He noted that although the 1957 Family Law was drawn up before the Parliament was established, and was subsequently amended by Dahirs (Royal Decrees) in 1993, during a constitutional transition period, "I have made a decision for the proposed Family Law to be submitted to Parliament, for the first time, in view of its implications with respect to civil law.

As for the provisions of religious nature, they fall within the competence of Amir Al-Muminin (Commander of the Faithful)", said the monarch who expects from the members of parliament "to rise to this historic occasion and be worthy of the responsibilities assigned to you, not only by respecting the sacred nature of the proposed texts, which were prepared with due account being taken of the aims of our tolerant religion, but also when you adopt new legislation".

"These provisions, he said, should not be regarded as flawless, nor should they be perceived from a fanatic angle. Instead, you should address them with realism and clear-sightedness, keeping in mind that this is an Ijtihad (jurisprudence) effort which is suitable for Morocco at this point in time in its endeavors to achieve the development objective it is pursuing in a wise, gradual and determined manner."

H.M King Mohammed VI finally called for "a large-scale media campaign to sensitize all segments of the population to the importance of this reform. Islamic law experts, intellectuals and political representatives should be involved", he concluded.
 

 

                                                      Â© MAP 2003
 
    

Arrows

#1
Parliament Fall Session Opening: H.M King Mohammed VI Surveys Reforms of the "Family Law"
 
 
 
Rabat, Oct.10 (MAP) - H.M King Mohammed VI announced a series of reforms to the proposed "Mudawana (Family law)" at the opening here Friday of the parliament fall session.

The king said he wanted to see to the adoption of a modern form of wording instead of that which undermines the dignity of women as human beings.

The reforms as surveyed by the Monarch, are mainly meant to "make husband and wife jointly responsible for the family, to entitle women who have come of age to guardianship as a right, and to ensure equality between men and women by setting the minimum age for marriage at 18 years for both of them.

Concerning polygamy, the king said "(…) God made polygamy almost impossible from the Islamic legal point of view. Similarly, I have sought guidance from the pristine wisdom of Islam which makes it legally possible for a man to take a second wife, but only in circumstances beyond control. In addition, strict conditions must be observed and a judge's permission secured."

H.M King Mohammed VI said the judge shall not allow polygamy unless he ascertains that the husband will treat his second wife and her children on an equal footing with the first, that he will provide the same living conditions for all, and that there is a clear and objective justification for polygamy.

The woman has the right to impose a condition in the marriage contract whereby her husband will refrain from taking a second wife.

Conditions also include that the second wife be informed that her husband-to-be is already married. Her consent must also be secured. The first wife shall have the right to ask for divorce because of harm suffered.

"As a token of my special concern for my dear subjects residing abroad, and in order to reduce the hassle they face to get marriage contracts processed, I have decided that the procedure shall be simplified. The marriage contract shall simply be drawn up in the presence of two Muslim witnesses, in accordance with the procedures in force in the country of residence, and shall then be registered with the relevant Moroccan consular or judicial authorities. In this regard, the Prophet, peace and blessings be upon Him, is quoted as saying: "Seek ease, not hardship".

The reforms make the husband's right to resort to repudiation limited by specific restrictions and conditions designed to avoid misuse of this right. For this purpose, mechanisms for reconciliation and mediation, through the family and the judge, shall be strengthened, H.M king Mohammed VI said.

The sovereign expanded the woman's right to file for divorce if the husband fails to observe any of the conditions in the marriage contract, or if he harms his wife through lack of financial support, abstinence, violence, or any other wrongful deed. This provision is in line with the general legal principle which advocates balance and moderation. Its aim is to promote equality and fairness between husband and wife.

Another provision allows divorce by mutual consent, under judicial supervision.

Other stipulations introduced are meant to further protect children's rights by making the provisions of the relevant international agreements ratified by Morocco, to protect the child's rights to acknowledgment of paternity in case the marriage has not been officially registered for reasons beyond control, to grant them the right to inherit from their grandfather, as part of the compulsory legacy.

Regarding the management, by husband and wife, of the property acquired during marriage, and while confirming the principle of separate estate for each one of them, the couple may agree, in a document other than the marriage contract, on how to manage the assets acquired jointly during marriage.
 
 


 

MAP 2003
 

hamza

#2

CiteerNo Progress Possible if Women' Rights Are Violated, Says King

Rabat, Oct.10 - H.M King Mohammed VI of Morocco has defended the right to equality between Moroccan men and women, and urged for a reform of the family law and the woman status "Mudawana".

"How can society achieve progress while women, who represent half the nation, see their rights violated and suffer as a result of injustice, violence and marginalisation, notwithstanding the dignity and justice granted them by our glorious religion?" asked the king who was addressing members of parliament at the opening here Friday of the legislative year.

The monarch who had posed this very question in his speech on August 20, 1999 marking "the Revolution of the King and the People" day said that "in addition to taking significant decisions and initiatives to ensure that women enjoy a better and more equitable status, I did not hesitate to take steps to prevent the Moroccan society from being split over this issue".

To this end, he went on, I set up a multi-disciplinary advisory committee to propose an in-depth review of the Family Law.

The Moroccan king took this opportunity to commend the efforts exerted by the chairman and all the members of the committee.

"Views on certain issues may have differed at times, but in the case of Ulemas (religious scholars), I consider such differences rather as a blessing", he explained. "These reforms, the most important of which I have mentioned, should not be perceived as an indication of one side's victory over the other, but rather as gains for all Moroccans", he insisted.

H.M King Mohammed VI, in his capacity of "Amir Al-Muminin" (Commander of the Faithful), said: "I cannot make licit what God has forbidden, nor forbid what He has made lawful".

"It is necessary to be mindful of the tolerant aims of Islam, which advocate human dignity, equality and harmonious relations, and also to rely on the cohesiveness of the Malikite rite and on ijtihad, thanks to which Islam is a suitable religion for all times and places", the king said, adding that "the aim is to draw up a modern Family Law which is consistent with the spirit of our glorious religion".

He also insisted that "the Family Law should not be considered as a legislation devised for women only, but rather as a code for the family: father, mother and children. The proposed legislation is meant to free women from the injustices they endure besides protecting children's rights and safeguarding men's dignity.

"Would anyone of you want to see his wife and children thrown out of their home and into the street, or his daughter or sister treated brutally?" asked the sovereign, underlining that "as the King of all Moroccans, I do not make legislation for a given segment of the population or a specific party. Rather, I seek to reflect the general will of the Nation, which I consider to be my extended family".

H.M King Mohammed VI also voiced resolve to "preserve the rights of my faithful subjects of Jewish faith", saying "I have seen to it that the new Family Law contains a provision which reaffirms that they shall continue to be governed by the Hebraic Moroccan Family Law".

He noted that although the 1957 Family Law was drawn up before the Parliament was established, and was subsequently amended by Dahirs (Royal Decrees) in 1993, during a constitutional transition period, "I have made a decision for the proposed Family Law to be submitted to Parliament, for the first time, in view of its implications with respect to civil law.

As for the provisions of religious nature, they fall within the competence of Amir Al-Muminin (Commander of the Faithful)", said the monarch who expects from the members of parliament "to rise to this historic occasion and be worthy of the responsibilities assigned to you, not only by respecting the sacred nature of the proposed texts, which were prepared with due account being taken of the aims of our tolerant religion, but also when you adopt new legislation".

"These provisions, he said, should not be regarded as flawless, nor should they be perceived from a fanatic angle. Instead, you should address them with realism and clear-sightedness, keeping in mind that this is an Ijtihad (jurisprudence) effort which is suitable for Morocco at this point in time in its endeavors to achieve the development objective it is pursuing in a wise, gradual and determined manner."

H.M King Mohammed VI finally called for "a large-scale media campaign to sensitize all segments of the population to the importance of this reform. Islamic law experts, intellectuals and political representatives should be involved", he concluded.
 

 

 Â                                                     © MAP 2003
 
 Â   





nu even in het nederlands

Debouz

#3
Meer rechten voor Marokkaanse vrouwen

Uitgegeven: 11 oktober 2003 09:12

RABAT - Marokkaanse vrouwen krijgen in het huwelijk meer rechten. Koning Mohammed VI heeft de geplande wetswijziging vrijdag bekendgemaakt in de Marokkaanse troonrede voor het parlement.

Het principe van "gehoorzaamheid van de echtgenote aan de man" wordt afgeschaft. Het gezin wordt geplaatst onder "de gemeenschappelijke verantwoordelijkheid" van man en vrouw.

Er worden strikte voorwaarden gesteld aan verstoting en polygamie. De gebruikelijke mondelinge verstoting, waarmee de man het huwelijk kan beëindigen, wordt afgeschaft. Hiervoor moet in de toekomst eerst toestemming worden gevraagd aan een rechter.

Polygamie verdwijnt niet, maar wordt aan banden gelegd. Ook kan een vrouw tijdens de trouwerij laten vastleggen dat de man geen tweede vrouw mag nemen. Tevens wordt het nemen van een tweede vrouw in de toekomst voor de eerste vrouw een geldige reden om echtscheiding aan te vragen wegens "geleden schade".

Over het gevoelige onderwerp van het huwelijks- en familierecht is in Marokko jarenlang gedebatteerd tussen religieuze conservatieven en modernisten.

De fundi's zullen dit niet apprecieren...