Asma Lamrabet: "In Morocco, the reform of the Family Code and the Penal Code must go hand in hand"

[Bilal Mahmud المكافح المخلص]

Thereform of the Family Code has reached an important stage with the completion of the mission of the Commission

responsible for the revision of the Moudawana, the Family Code in Morocco, the amendment proposals for which were submitted to King Mohammed VI by the Head of Government. In this vein, the essayist Asma Lamrabet, an international figure of Muslim feminism, known for her progressive positions in favor of inheritance reform, insists on the need to bring the texts of the Moudawana into line with the provisions of the Constitution, including Article 19 which enshrines full equality between women and men.

Le Point Afrique: During one of your speeches, you said that "the question of women reflects the political-theological impasse of contemporary Muslim thought", do you think that this revision of the Moudawana will again come up against the impasse of the "sacredness" of Muslim law, assimilated to a divine law?

Asma Lamrabet: Overall, in Muslim thought, before colonization, there was a very patriarchal jurisprudence, but it was much more flexible, because it was not a question of a code of law, but rather of a code of ethics. However, today, with what has been called "Muslim law", which is a colonial law that has not yet been decolonized, we tend to think that it is inspired by Sharia law and the Koran, which suggests that we do not have the right to touch it. This is a reform that has not yet been initiated at the level of the Muslim world, since this debate, aimed at revisiting Islamic jurisprudence and proposing solutions adapted to the current context, has not yet taken place in the land of Islam. It is important to know that the Qur'an does not provide turnkey solutions to all the problems that arise in Muslim societies today. It would be necessary, as the jurists of yesteryear did, to seek solutions in line with the spatiotemporal framework. This is now possible thanks to positive law, which is in force in Morocco and applies in several areas, except when it comes to the question of the family, by extension women, who have become the last bastion of identity to be defended. I think that despite everything, 20 years after the adoption of the Moudawana, there is a certain evolution in terms of mentalities.

In your book Islam and Fundamental Freedoms, you recount how a presentation on gender equality based on the Qur'anic framework at an international conference in 2014 aroused the indignation of Moroccan theologians. Today, 10 years after this incident, do you think that, in the Morocco of 2024, the principle of equality is still perceived as a concept imported and imposed by the Western hegemonic model?

Unfortunately, yes. This "passion for identity" is very palpable when it comes to women's rights, especially since the concepts of individual freedoms and human rights come from the West, whose discourse is increasingly emptied of its substance, as the current geopolitical tensions have revealed. These ideals are all the more challenged in a more important way when we look at what is happening around the world, including the injustice that Gaza suffers.  It is no longer possible to distinguish between universal values and the policies of some Western countries. In the end, this undermines the issue of women and its evolution. Beyond that, it is important to know that universal principles have always existed in the Islamic frame of reference, not only at the level of the Qur'anic text, but in the entire history of this civilization, and this is what I am trying to demonstrate in my work..

Full article:  Asma Lamrabet: "In Morocco, the reform of the Family Code and the P...

[Bilal Mahmud المكافح المخلص]

After a decade of governance in the hands of a conservative coalition, Morocco now has an openly modernist government that has the opportunity to make history. However, while some left-wing parties have shown themselves to be in favour of real reform, the Islamist party is threatening a "millionth march". So what are the limits of what Moroccan society can integrate in terms of changes in the sphere of religion?

It's quite complex. We don't have visibility on that yet. From what I understand, following the debate in Morocco, it seems to me that many issues will be dealt with. For example, the legal guardianship of the wife is almost unanimous within the political parties, even the Islamist current is not against it, except for a few extremists. This reform could also include the law to prove the filiation of children born out of wedlock.

While many of civil society's expectations regarding the Family Code will probably be addressed, those related to the Penal Code are likely to take a different course, and that is a shame. In my opinion, the reform of the Family Code and the reform of the Penal Code must go hand in hand. For example, the issue of children born out of wedlock cannot be resolved without decriminalizing the issue of sex outside marriage.

On the other hand, I think that the reactions of some conservative parties are much more political than theological, because there is reform work that has been done within these parties. From this point of view, I think it is a political debate. It should be remembered that the Islamists opposed the proposed reform of the Family Code in 2004, yet as soon as they arrived in government, they were the first to defend it.

This resistance to change that we are seeing today on the part of some conservatives is dangerous in my opinion because it instrumentalizes religion. It should be noted, however, that the debate on the V2 of the Moudawana is less virulent than that of 2004. Today, some people continue to cling to the famous formula of "society is not ready", but in reality, society is never ready for reforms, as history shows.

This is what I say to the feminists on the other side who find everything that has been achieved so far "insufficient", forgetting that the gains of today were unimaginable 20 years ago. It's true that mentalities are difficult to change, but we're still evolving and we can't go back. That said, in comparison with other Arab-Muslim countries, Morocco has a high political will, which is a major asset for its future.

[Bilal Mahmud المكافح المخلص]

The reform proposals emanating from the Collective for Fundamental Freedoms that you co-authored emphasize that the rule of taasib (inheritance by agnation) has no Qur'anic foundations, which means that it is a pure product of "fiqh", Islamic jurisprudence. Can we hope for a reform of inheritance law and an end to the gap with the 2011 constitution, which advocates equality between all citizens?

I think this issue will be settled, but under conditions, because the religious argument is the same as for inheritance. It is based on the idea that men have obligations and responsibilities in caring for women.  This is quite absurd in a modern society. One in five families is financially supported by women. Their financial contribution at the family level is very important. Since the principle of solidarity is inherent in the Moroccan family.  Even though they are married, they sometimes take care of their families as well as their parents. In view of these elements, we can no longer refuse to see reality, as some conservatives try to do, who cling to ideals that do not exist in the current context.

[Bilal Mahmud المكافح المخلص]

Kofi Bilal Mahmud Eid AlFitr 1443 A.H.

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