MEDI1TV Afrique : Code de la famille : une nouvelle réforme au service de la famille - 23/12/2024
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00:00Good evening, it is a decisive step towards the realization of a new family code for
00:20our country.
00:21His Majesty the King Mohammed VI has presided over a work session on the essential issue
00:27of the new Moudawana, which is part of the continuity of that of 2004.
00:32Thus, after the presentation of the methodology of the institution in charge of the revision
00:36of the family code before the Sovereign and the conclusions of the Superior Council of
00:40the Ulema by the Minister of Justice, the Sovereign, in his capacity as Emir-el-Mou'minin,
00:47Commander of the Believers, called the Superior Council of the Ulema, adopted the constructive
00:52Ijtihad on the issue of the family through the creation of an appropriate framework within
00:57its structure.
00:58His Majesty the King also gave these instructions to the heads of government to start the legislative
01:03process in the shortest possible time, and according to an inclusive approach and transparency
01:09and pedagogy, the Sovereign exhorted the Executive to inform and raise public opinion
01:15on the novelties of the text, a text that again testifies to the high solicitude that
01:20the Sovereign attaches to this issue that concerns all citizens with the ambition
01:25to establish solid foundations for the family as a fundamental nucleus of Moroccan society.
01:31We are live tonight to analyze the outlines of the second reform of the family code with
01:38our guests.
01:39First of all, with me on the set, Professor at the Faculty of Law of Agda, a militant
01:44of human rights, President of Jossour Forum of Moroccan Women, Omey Mahachour, good evening
01:49and thank you for being with us.
01:52Good evening, thank you for the invitation.
01:55And joining us via Skype, another activist, this is the President of the Association
01:59of Free Hands, Leila Amili, good evening and welcome to you as well among us.
02:05Good evening, thank you for the invitation.
02:07Thank you for agreeing to answer our questions.
02:10And we have with us on the phone this time, the lawyers, MPs, Irene in the region of
02:15Fès-Meknes, President of the Regional Organization of the Irenean Women, Zeyna
02:19Shahim, good evening and welcome to you as well in this special show.
02:26Good evening to all, thank you very much for the invitation.
02:30To contextualize before going into detail, the details of the work session held today
02:34and to quote His Majesty King Mohammed VI in the speech of the throne of 2022, I quote
02:40the sovereign.
02:41First of all, the family code has represented a real leap forward.
02:45Now it is no longer enough as such.
02:49The experience has indeed highlighted some obstacles that prevent the initial reform
02:54from reaching the objectives provided for in the number of these shelters.
02:58Figures, the incorrect application of the code due to various sociological factors.
03:05One of them is particularly due to the tenacious propensity of a category of officials
03:10and men of justice to consider that the code is reserved for women.
03:14The reality is different.
03:15The code is not specific to men or women.
03:17It is dedicated to the entire family.
03:20End of the royal quote.
03:22Umaymah Ashour, what are the main objectives of the reform of the family code
03:27carried out by His Majesty King Mohammed VI?
03:31Thank you for the invitation.
03:32So today we are in a crucial and important phase, which is the reform of the family code
03:40and the meeting held and chaired by His Majesty King Mohammed VI, may God assist him,
03:44to study the methodology adopted by the Commission on the one hand
03:50and see the proposals that were discussed within the framework of the Council of Scholars
03:59concerning the religious aspect and precisely the shahadah,
04:07tolerance was one of the great directives of His Majesty King Mohammed VI
04:14to have a text of law that responds to the aspirations of Moroccans
04:19and that is in line with the structural and transformational changes of Moroccan society
04:24and that aligns with the royal religion
04:29and that precisely promotes tolerance, finding solutions,
04:33the principle of benefit for societal problems,
04:37problems that concern the Moroccan family,
04:40the woman, the man, the supreme interest of the child,
04:43which are problems that a family lives with on a daily basis.
04:47Today we are in an important phase
04:51in which transparency has been the driving force
04:55to inform Moroccans of this great reform that awaits them
05:03and high directives have been issued today to inform, to discuss,
05:12to open the debate on the code that will be presented,
05:16of course, in the coming days by the head of government.
05:19And of course, before, there were royal discourses that were very strong,
05:23letters addressed to the heads of government and to the Mujlis,
05:28to find concrete legal solutions to the various gaps and dysfunctions
05:35that the family code has accumulated over the last 20 years,
05:41and the last 20 years are important years,
05:44but this code will allow the legislature in the next 20 years,
05:50so we have to think with the glasses of the future,
05:53the problems of the future, the different societal and climatic challenges,
05:58economic, political, that the Moroccan family, as a hard core,
06:02will live during the next years, find concrete solutions,
06:05at the same time respecting the values of religion,
06:11the Medhebel Maliki, and at the same time the advancement
06:14and the transformation of societies, of Moroccan society in particular,
06:20in the region, in the planet,
06:24and precisely with the different technological and climatic challenges
06:28that the Moroccan family will live in the years to come.
06:32– Leila Amili, the methodology that was adopted by the institution
06:36in charge of the revision of the family code was inclusive,
06:41it was also a listening process.
06:45So, you, as a militant, how, in your opinion,
06:48this methodology has allowed to involve first the different actors
06:52in the process of consultation and reflection,
06:54and therefore proposals to reform this family code,
06:59or in any case this new Moudou Mouana, after the one of 2004?
07:05– Well, we find that the approach that was made,
07:08it was really relevant, it is thanks to the wisdom of His Majesty,
07:13because from the beginning he insisted on the participative approach
07:18in the constitution of 2011, because the constitution of the commission
07:25that was in charge of revising the Moudou Mouana, or the family code,
07:32was with many institutions that are really important,
07:36and at the same time, it was necessary to listen,
07:38she who participated and listened to all the institutions, associations,
07:44political parties, unions and institutional institutions.
07:50But what is important is that the family code was well known,
07:55which was voted in 2004, and it was an evolution at the time.
07:59But His Majesty, he insisted in the letter
08:02that he sent to Prime Minister Mr. Arnouge,
08:06that despite the advantages that were,
08:09but there were the advantages that were,
08:12he saw the problem of the great progress,
08:15even if there were great social progress,
08:17but the defect was, some defects and imbalances appeared
08:23during the judicial application and the harmonization of these requirements
08:27with the evolution of Moroccan society,
08:31and also the requirements of sustainable development,
08:33because Morocco has experienced a lot of changes
08:36and evolution in the laws and everything,
08:39and all this requires that we prepare a family code
08:44for the next twenty years or fifteen years,
08:48which requires taking into account
08:54the change we had in Morocco,
08:56and the change that women and families have experienced.
09:00But what is important, and that we must emphasize,
09:03with His Majesty who insisted on it,
09:04it is a family code,
09:07because there are rumors now that speak,
09:09that want that it is not going well,
09:11it is the code of women,
09:13it is a family code that respects the whole family,
09:17men, women, children and everything,
09:19and our objective is harmonization.
09:22We want, according to His Majesty,
09:24we want this to be done within the framework of the objectives
09:27of Islamic law and the specificity of Moroccan society,
09:32but also everything that is international,
09:35because we voted, we signed international commissions
09:43that ask that we be in both,
09:47and there, when we talk about jihad,
09:49we must be very, very vigilant,
09:53and we must be careful,
09:55because that is why we found that the commission
09:57was made by the Minister of Justice,
10:03also the Minister of Women's Rights,
10:05but also Maj. Ulama and others.
10:09There, we are very happy with all the steps that have been taken,
10:16and in addition, today, His Majesty has insisted on communication.
10:21And there, when we talk about communication,
10:23it is the most important,
10:24because before, the biggest problem was the popularization of laws.
10:29Even the family code was not well popularized,
10:31especially in the rural areas, in the small villages.
10:35We would like this family code, which respects everyone,
10:40and we would like to insist on something that is very important.
10:45We want the country to win.
10:47We want citizens to win in this family code.
10:51There is no winner and no loser,
10:53because there are rumors,
10:55and there are things that are said that do not leave things to chance.
10:57It is your role as a civil society, Ms. Amélie,
11:04to correct misunderstandings,
11:08received ideas, biased ideas.
11:11It is also the role of civil society,
11:15but also of political parties,
11:16and we are lucky to have...
11:18A civil society, political parties, unions, parliament,
11:21everyone must work on this file.
11:24It is the other file.
11:25We also have the representativeness of civil society.
11:29It happens that it is part of civil society and the political sphere,
11:33because it is a member of parliament,
11:35and it is also a lawyer.
11:37Master Zahina Shaheem,
11:40what is the importance of communication with the public opinion?
11:45You, as a political party,
11:46how are you going to take this file by the hand?
11:51Now it is in front of the stage,
11:53and what measures have you planned to inform citizens, for example?
11:58Thank you very much.
11:59So, we started working
12:03just after His Majesty's speech in 2022,
12:08as a party, as a federation of the Femme Erenniste Fédération Nationale,
12:15and through the 12 regional organizations,
12:19we did caravans, we did seminars,
12:22we did seminars, roundtables,
12:25where we first sought to solve the problems
12:29that the 2004 Mudawena knows,
12:37and it allowed us to do what we called the White Book.
12:41It is our participation in this great project,
12:45where it was first meetings with practitioners,
12:52And what about this new phase, Master Shaheem?
12:56What about future actions?
12:58Are you going to continue?
13:00Will this White Book also accompany the legislative text
13:06that will be voted by the two chambers
13:09and that will be presented by the Executive?
13:12Absolutely.
13:13So, this White Book is already summarized
13:16in a request for a major revision
13:25in relation to the Mudawena.
13:27We, as a party, have also presented before the Commission
13:31our amendments, our proposals.
13:35And from this phase, we continue,
13:38and we will always continue.
13:40Of course, we will accompany the legislative project
13:43that will be presented before the first chamber
13:45and then before the second,
13:46and we will accompany it with caravans,
13:52explaining to people what is new.
13:55So, we are waiting with impatience for the project
14:00which will be presented, I imagine,
14:03very soon before the Parliament.
14:05And of course, we will do everything possible
14:08as a party in the context of communication
14:11and the popularization of the Mudawena.
14:15For the jurist that you are,
14:16what are the principles and references
14:18that will frame the legislative phase of the reform?
14:24Listen, first of all, as you have seen,
14:30the steps by which this reform has been passed
14:36are very important.
14:37We have seen how the Commission has been at the service
14:42of all parties concerned.
14:44We have also seen that there was a first motion
14:49that was presented to His Majesty on March 30th
14:52and that still brought 100 proposals.
14:56And then we saw the consultation of the Superior Council of the Ulema
15:01and that validated His Majesty and we validated the amendments
15:05in accordance with the principles of justice and equality.
15:10We also see that all this is very important
15:13because we are going to explain,
15:15because there was a very big controversy, as you know.
15:17As soon as we started talking about the reform,
15:19there were people who went out on social networks
15:23who talked about a reform that was a bit...
15:28I would say that they did that in a very worrying way
15:34for us as a society,
15:36as soon as they talked about women,
15:39that women will have all the rights,
15:41that men will not have rights
15:43and that they will have rights.
15:45I will talk about polygamy,
15:47I will talk about everything that is related to the succession, etc.
15:52And so, we want to explain to people
15:56that our king, Emir Mumin,
16:00as well as the government, all parties concerned,
16:04civil society, political parties,
16:07we will all insist, as His Majesty did,
16:13on clear legal rules,
16:15the modernization of the family code
16:19and also the sensitization of citizens
16:22while respecting our Islamic values
16:25and, of course, the conventions, as Ms. Amelie said,
16:27the international conventions ratified by Morocco.
16:31So, how is the creation of a dedicated framework
16:34for the development of the family code
16:36in the context of the Supreme Council of the Ulema
16:39a major institutional progress
16:44to respond to the challenges and social mutations
16:47related to this family code?
16:50This institution related to the Ulema National Council
16:55is a novelty, a great novelty
16:57that will be able to accompany the work of the reform of the family code.
17:01Because, of course, once the text is adopted,
17:05it is not closed.
17:06We need to explain, we need to communicate
17:10with the population in the rural, the urban,
17:14outside Morocco, outside Morocco,
17:17the Ulema, the Moqimuna of Kharij,
17:19which are a large community.
17:20And, of course, it is very important to explain
17:25and to continue the research
17:29because the challenges are in a constant change.
17:33And the problem of the societal
17:36is in phase with the change of society
17:39and the different challenges.
17:41We take, for example, the case of COVID-19.
17:43No one knew that we were going to live a pandemic crisis.
17:46So, the jihad in this instance will find solutions
17:50for the different challenges that Moroccan society will live.
17:54That is to say, that it is more occasional,
17:56that it is more occasional and not that it becomes the object of a veto.
18:01That is to say, it is either…
18:01Vetoes never exist, because there is a big difference.
18:05Because the role of the Council is to give vetoes,
18:08but vetoes where there is a consensus,
18:10where there is jihad, where there is interest.
18:13And, of course, this exercise, His Majesty the King
18:18has ensured that this jihad is continuous,
18:23so that we can live in the legislation.
18:30The legislative moment will accompany the social moment.
18:34Because today we are living a gap
18:37between legislation and society.
18:40The problems of society and the dysfunctions
18:43that legislation is experiencing today
18:46by the courts, by practitioners in the field.
18:51And also how we practice these laws that already exist.
18:55And the importance of modernizing the law.
18:58And the application that also poses problems.
19:00The application, and His Majesty the King also spoke of understanding.
19:03The importance of explaining,
19:05and so that we can no longer have ambivalence and ambiguity
19:09in certain law texts,
19:10and so as not to have different interpretations
19:14and different opinions and divergences of opinion.
19:16So this instance will be in charge of clarifying,
19:19of processing, of seeking,
19:21of finding pragmatic and appropriate solutions
19:24that, of course, reconcile the religious aspect,
19:29the fiqh, of course, the rhythm and the rhythm,
19:32but at the same time that is in accordance
19:34with the international conventions that Morocco has ratified
19:37and the interdependent and interconnected universal values
19:42of human rights.
19:44Because today we can no longer wait...
19:46How to raise awareness? Who must be raised aware?
19:49Are they the citizens?
19:50Are they also those who apply the law?
19:53The magistrates?
19:54How can we really succeed there?
19:57Or maybe we have failed a little with the Moudouane in 2004?
20:01In the speech of His Majesty the King in 2022,
20:05it was very clear that everyone had to be included in this reform.
20:11The judges, the magistrates,
20:14and that we also had to fight the mentalities
20:21who do not want the change of society
20:24and who do not want to accompany the change of society.
20:26Society is changing.
20:28The Moroccan woman is developing.
20:30The Moroccan family is developing
20:33with different dimensions and in different dimensions.
20:37But today we have a rigid code
20:40and after the family code,
20:42there will be the modernization of other codes,
20:46the penal code, the penal procedure.
20:48So this is the beginning of the work of modernization of law
20:52and of a new generation of legal texts
20:56that will be able to accompany the transformation.
20:59And we are talking today about the 2030 Molde Cup.
21:02We need to have a solid legal compass
21:04that can accompany the Moroccan society
21:07in this momentum of structural reform,
21:10while obviously keeping the values of our religion
21:15and at the same time keeping the values
21:19that His Majesty the King highlighted in his speech.
21:24Equality, cohesion and of course complementarity
21:34which are universal values.
21:37Equality today is inscribed in the constitution.
21:40So we need to harmonize, as Amélie said,
21:43to harmonize the legal texts.
21:45And the code of the Molde Cup
21:47is not harmonized with the 2011 constitution
21:50nor with the international conventions,
21:52the different ones that Morocco has ratified
21:54during the last 20 years.
21:56We cannot wait to open another site yet.
22:00This is why this institution will be located
22:04within the framework of the Council
22:06to be able to accompany the change of society,
22:10the different challenges that the Moroccan society
22:12is experiencing and that the Moroccan family is experiencing.
22:15The woman, the child, the supreme interest of the child.
22:19Today, there are issues that arise quickly
22:23and to which we must find legal answers.
22:26Certainly, religious as well, but also societal,
22:29that accompany our Morocco, the Morocco of progress,
22:32the Morocco of equality and the Morocco
22:35where a family will be harmonized, harmonious
22:39and will live in a space of shared life,
22:46despite our differences, despite our aspirations.
22:49– Very well. Leila Amélie, a word from the end
22:53on the next steps.
22:57Are you confident about everything
23:02that you have been fighting for in recent years
23:05so that there is more equity,
23:06so that there is a family code
23:09that gives its rights to the woman, to the man too,
23:13because it is a code of the woman and the man,
23:15and also to the child.
23:16And especially on this issue of the child, Leila Amélie.
23:21– Yes, thank you.
23:23We are very happy.
23:27We must be positive in view of the fact
23:29that this family code will be reformed,
23:33especially since His Majesty has insisted on one thing
23:35which is very relevant in the letter
23:37that he sent to Mr. Arnouche for the Commission.
23:43He said, we are convinced that the implementation
23:46of the virtues of diligence and constructive
23:48and the path to follow
23:50to achieve the harmony of the socialization
23:53and the Islamic law and its objectives
23:55is part of the internationally agreed development
23:58in terms of human rights.
24:00So we insist on human rights.
24:02His Majesty has just spoken about communication
24:06and we are very, very happy
24:08because when we talk about communication,
24:10it is the most important thing
24:11so that everyone knows,
24:12women, men and children.
24:16Because when we talk about divorce,
24:17when we talk about violence,
24:19when we talk about a family code
24:21that is not equal, nor fair, nor global,
24:25it is the child who will suffer.
24:27Because it is the child who lives
24:31all the negative things.
24:33This is why we are in an institution
24:37that is very, very, very important
24:40and that will leave for 20 years from now.
24:42We have to work together,
24:44as I said earlier,
24:46political parties, civil society,
24:48trade unions, parliament and everything.
24:50But all that is most important,
24:53we must know that the biggest winner is Morocco.
24:57And the citizens and the families.
24:59Thank you very much.
25:00Thank you for this message.
25:02A little clearer.
25:02This show is coming to an end.
25:03I would like to reiterate my thanks
25:05on behalf of Median TV,
25:06Leila Amili, President of the Malibre Association.
25:08Thank you for being with us tonight.
25:10And I also reiterate my thanks
25:12to Oumeyma Achour, President of Jossol Forum.
25:17Thank you very much.
25:18Thank you for the invitation.
25:19And thank you also to Zeyna Shaheem,
25:21Deputy Attorney-General of the Fez-Megnez region,
25:23President of the Regional Organization of the Iranian Women.
25:25Thank you for being with us too,
25:27Master Shaheem.
25:28And thank you.
25:29Thank you for following us,
25:30Très Bonnes, on your programs.