"The Politics of the Reform of the New Family Law (the Moudawana)." Une décennie après son adoption par le Parlement marocain, le nouveau Code de la famille (Moudawana) a consacré l’égalité entre les. Mehdi 15/09/2020 23:18. il est pas marocain, c'est completement illegal au maroc. Once a woman comes of age, she does not need a marital tutor (a male relative, usually the father who speaks on her behalf). La Moudawana, le nouveau droit de la famille au Maroc PDF By:Omar Mounir Published on 2005 by Marsam Editions. A women's rights group known as the Women's Action Union, the Union de l'Action Feminine in French (UAF), and its allies wanted to reform these unjust laws and secure equal rights for women under the family code, thus catalyzing the Moudawana reform movement. London: British Institute of International and Comparative Law, 2008. La dissolution du pacte du mariage et ses effets IS La naissance et ses effets. Elle a ouvert, cependant le champ pour cette catégorie de la société que sont les femmes à demander, un droit qui leur était inaccessible jusqu’à alors, le divorce. Its first version was written in 1957-8 by a group of ten male religious scholars (Ulama) working under the auspices of the monarchy; its substance drew heavily on classical Maliki law. 20 Jan. 2010. Octobre 21, 2012.  Many argue that the electoral system's main function is to serve as a means for the monarchy to create and manipulate a dependent class of political elites. The King still holds the majority of political power; with the title of "Commander of the Faithful," he also has the ability to dissolve Parliament, rule by decree, dismiss cabinet members, command the armed forces, exercise religious authority, and preside over the judicial system. , The UAF reached out to and worked with many other organizations and groups of people to achieve the reforms; alliances with other women's rights NGOs, political parties, independent politicians, social workers, and academics enabled the UAF to succeed in its mission. Considering the religious origin of the laws, the fact that they had been amended at all was a significant step in demonstrating that they were subject to the process of ijtihad and not completely unchangeable.. Major components of the reforms included raising the minimum legal age of marriage to 18 for men and women, establishing joint responsibility for the family among men and women, limiting the terms of polygamy and divorce, and granting women more rights in the negotiation of marriage contracts, among other provisions. "The Politics of the Reform of the New Family Law (the Moudawana)." United Nations Development Fund for Women.  Some have argued that the king's support was motivated as much by international pressures and his desire to join the European Union as domestic economic and political problems. La conférence internationale de Marrakech sur la Justice se tiendra les 21 et 22 octobre. Maroko terbentang dari Laut Mediterania dan Samudra Atlantik di utara dan barat, masing-masing, ke daerah pegunungan besar di bagian dalam, hingga gurun Sahara di ujung selatan. 9 Oct. 2005. ", Latifa Jbabdi's long history of activism before becoming involved with the UAF shows her commitment to feminism and reform. "The Politics of the Reform of the New Family Law (the Moudawana). Bran, Laurie A. La loi en vigueur jusqu'en 1993 permettait à l'homme musulman d'avoir quatre femmes officielles au maximum (art.  Ibid. "Sculpting the Rock of Women's Rights: The Role of Women's Organizations in Promoting the National Plan of Action to Integrate Women in Development in Morocco." Le juge aux affaires familiales à Safi a prononcé un divorce pour mésentente dans le couple, en l’absence du mari.  This move demonstrated significant political support behind the idea of reform, and framed the issue more as one of politics and human rights than religion (indicated in part by the delivery of the petition to the prime minister, the nominal head of the government, as opposed to the king of Morocco, who is also a spiritual leader).  "Sculpting the Rock of Women's Rights: The Role of Women's Organizations in Promoting the National Plan of Action to Integrate Women in Development in Morocco. The framework of the debate around the development and reform of the Moudawana, which has become a part of Moroccan political life from the first years of independence to the present day, reflects, in fact, an amplified and recurrent process of the issues surrounding the … , This commission resulted in a number of changes, implemented in 1993, which instituted provisions that (among other things) required a bride's verbal consent to marriage, eliminated a father's right to force his daughter to marry, and mandated the obtainment of a judge's permission in cases of polygamy and a husband's repudiation of his wife. Au Maroc, le nouveau Code de la famille (2004) a introduit des dispositions en faveur du renforcement des droits des femmes et d’une meilleure reconnaissance de l’égalité entre les sexes. Le Code Marocain de la Famille « Moudawana » Communiqué de Presse, Droits des Femmes et Justice de Genre, Maroc / Sahara Occidental. Copyright © 2020 E-Collaborative for Civic Education. Moreover, while over 14,000 divorce proceedings were initiated by men, over 26,000 were initiated by women in 2007; before the reforms, women did not have the right to initiate these proceedings. Comme indiqué au … Magharebia. However, the UAF held debates with these organizations to convince them that the Moudawana reforms were worth fighting for.. Smer, Rabat. After a series of demonstrations, educational seminars, government lobbying, and a One Million Signatures petition campaign, King Hassan II was forced to take action. modawanat sayr maroc. Priority in terms of child custody goes first to the mother, then the father, then the maternal grandmother, or to whomever a judge deems the most qualified relative. Humphrey Institute of Public Affairs. Yet the Moudawana, the family code that governs areas of family law such as marriage, divorce, inheritance, and child custody, gave few rights to women when it was first adopted in 1958, reflecting centuries-old customs.  A state's family or personal status law has wide-ranging implications for citizens' daily lives, but many gender equality advocates point out its particular significance for women, as it governs the age at which they may be married, issues of divorce and child custody, and their right to work and travel outside the home. Husbands and wives now have equivalent rights in house … Polygamie : une tendance qui gagne de plus en plus de terrain au Maroc. Women cannot be married against their will, though if they wish to designate a male relative to act as their marital tutor, they may. In Morocco's rural and underdeveloped areas, legal equality is perceived as less of an immediate priority than basic, everyday needs.  In particular, the Moroccan minister for religious affairs opposed the plan, and the Moroccan cabinet became divided over the issue. Women's dissatisfaction with the Mudawana, however, reflects a belief that it is not implemented widely and successfully enough to address the problems of women's rights. Nevertheless, discriminatory laws still exist, especially with regard to marriage, divorce, custody of children and inheritance. او را… https://t.co/ghcnvfLQWJ, RT @TavaanaTech: یوتیوب در کدام کشورها فیلتر است؟ 19 septembre 2020; Charlie 5 ans après : où sont les bien-pensants ? Vital Voices.  Arising from this context, the PAIWD did not explicitly reference Islamic values, and was more closely related to a “development discourse” that formed a crucial element of Mohammad VI's national agenda. 19 novembre 2020 à 18 h 47 Safi: un détenu condamné pour terrorisme met fin à ses jours; 19 novembre 2020 à 18 h 27 Maroc/Covid-19: 77 nouveaux décès, dont 25 à Casablanca; 19 novembre 2020 à 17 h 32 Ben Abdelkader répond favorablement aux demandes de certaines fonctionnaires; 19 novembre 2020 à 15 h 45 Covid-19: l’Oriental inquiète ! DOWNLOAD HERE. United Nations Development Fund for Women.  Armed with the canons of Islam, Jbabdi could engage with opponents who said that the reforms contradicted Islam, successfully arguing that some interpretations of the religious texts supported equality for women. Morocco in Transition, Middle East Report 218 (Spring 2001). , When announcing the reforms, Mohammad VI indicated that he sought to “reflect the general will of the nation” rather than impose legislation, and emphasized that the reform did not represent a "victory" for one side or the other. World Report 2010.  Ibid. "H E Latifa Jbabdi." Women's eNews.  It was in this environment that calls for reform to the Mudawana first began to gain traction. , The public mood also shifted in the reformists' direction after the terrorist attacks by Salafia Jihadia suicide bombers in Casablanca in 2003. Sharia, Muslim States, and International Human Rights Treaty Obligations. Si Amir je connais la moudawana, mais je ne comprends pas najqt ce que najat atabou lui apporte de aatavou Bass [ MP ] 2 février Espaces de noms Article Discussion. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Freedom House.  Ibid. She is best known for her work to help improve women's rights through reforming the Mudawana, Morocco's legal code governing family life.She also served as a member of the House of Representatives from 2007 to 2011. Vital Voices. , The proliferation of civil society organizations flourished even more in the 1990s, due in part to King Hassan II's active support for them, which reflected a worldwide trend of civil society promotion. King Hassan II, who ruled from 1961 until his death in 1999, arrested, kidnapped, and tortured thousands of political opponents, especially during the failed coup attempts of 1971 and 1972. Dispositions générales relatives au mariage au maroc MR Mariage. Most women's organizations in Morocco receive external funding, whether from the government, various Moroccan political parties, or international actors such as USAID, the European Development Bank, and the World Bank, which has left them open to criticisms that their agendas are tied to the sources of their funding and therefore compromised. Touimi-Benjelloun, Zineb.  Ghazalla.  As the French had ruled Morocco with a policy of legal pluralism (maintaining, for example, the existence of Berber customary law within Berber communities), the new Mudawana was intended to signify the nation's unity, Islamic identity, and modernity. 19 Dec. 2003.; Abiad, Nisrine.  Moreover, many scholars and activists have pointed out that there was strong support for reform from both sides of the debate; the conflict lay in the source of the reforms and in questions of cultural authenticity.. , Five years after the new Mudawana laws were passed, the president of the ADFM noted that opposition to its reforms was still present throughout the judicial system.  Though the Moudawana had inspired protest and calls for reform since its adoption in 1958, it was not until the UAF's One Million Signatures campaign, spearheaded by Jbabdi, that the Moudawana became a major national issue. Different sources cite varying accounts as to how many people attended each rally, with estimates ranging from 60,000 to over 1 million at each - with each side claiming it had more attendees present. Critics of the reforms point to the elitist roots of the movements that advocated for the reforms, the influence of Western secular principles, and the many barriers to the law's implementation within Moroccan society. Moudawanat Aliexpress. The parent who gains custody of the child keeps the house.  Levinson, Charles. 9hab Maroc 2011 - Metacafe (lahwa 9hab) zouk dial lahwa is located in Tanger. Polygamie : une tendance qui gagne de plus en plus de terrain au Maroc. ... مدونة السير بالمغرب 2020. The activities of the UNFM focused less on legal reform and more on professional and training programs for women. Die Moudawana wurde 2004 vom marokkanischen König Mohammed VI. « La Moudawana, que nous avons considéré comme un acquis en 2004, n’est plus d’actualité aujourd’hui. Children in custody must be given “suitable accommodation,” the terms of which must be settled within a month of any dispute.  Robinson. - 16 septembre, 2020 - 11:24 «A Hoceima», le conservatoire de musique et le Grand théâtre s’apprêtent pour l’ouverture - 23 août, 2020 - 12:10  Upon her release, Jbabdi founded and served as editor for 8 Mars (named for the date on which International Women's Day is recognized each year), a newspaper written by and for Moroccan women interested in feminist issues. November 9, 2017. , In 1969, King Hassan II created the Union Nationale des Femmes Marocaines (UNFM), an organization with the stated goal of improving the social and economic status of women in Morocco. Sharialaw that focuses more on custom . "More Marriage, Less Divorce Attributed to New Moroccan Family Code." Au lendemain de la chute du mur de Berlin, Francis Fukuyama a annoncé la « fin de l’histoire ». Faculty of Oriental Studies: University of Oxford. Secrétaire d’Etat chargé de la Protection sociale, de la Famille et de l’Enfance alors, Mohamed Saïd Saadi était et reste le … Fulbright-Hays Summer Seminars Abroad.  High levels of female illiteracy and a strong sense of traditionalism in many rural areas further compound these challenges. To accomplish their goal, the UAF needed to garner support from the Moroccan people and prove to the government that reforming the Moudawana was an important issue for the majority of Moroccans. Le Maroc est un vrai modèle arabo-africain en termes de respect des droits de la femme. Dieu ait son âme -, qui, dès le recouvrement par le Maroc de sa pleine souveraineté, s'est attaché à la promulgation d'un code du statut personnel (Moudawana) qui devait constituer un premier jalon dans l'édification de l’Etat de droit et dans le processus d'harmonisation des … 2009. , The King is not only a political leader, but also holds the title “Commander of the Faithful,” indicating his role as a religious leader as well.  The march was intended to raise awareness of a range of issues relating to women's rights. 9 June 2009. 25 novembre 2020 à 13 h 35 Alerte météo au Maroc: averses orageuses et chutes de neige à partir de ce mercredi; 25 novembre 2020 à 12 h 55 Zagora: portée disparue, la petite Marwa a été retrouvée saine et sauve; 25 novembre 2020 à 12 h 09 Message du roi Mohammed VI au président du Suriname; 25 novembre 2020 à 11 h 43 This unofficial English translation of the 2004 Moroccan Family Law (Moudawana) was prepared by a team of English and Arabic speaking lawyers and a professional Arabic-English Moroccan translator at the Global Rights head Office in Washington and their field Office in Morocco.  Finally, some characterize the high degree of debate and deliberation over the issue as a dividing influence in the end; a representative from one Moroccan women's organization described the women's movement in Morocco not as a movement, but an uncoordinated group of different organizations. Moudawana: L'Union de l'action féministe appelle à réviser le code de la famille dans sa globalité 19 février 2018 - 06:57.  Ibid.  Touimi-Benjelloun, Zineb. La démocratie libérale avancée serait devenue le modèle universel et dominant, à imiter voire à adopter, y compris par la force, comme en témoignent les projets de démocratie dans le grand Moyen-Orient, inspirés par les néoconservateurs américains. Critics consequently point out that the Mudawana represents an improvement in women's status but still falls short of establishing their full equal standing with men in either the family or the social sphere. 19 Dec. 2003.  Supporters point out that the reforms indicate a democratization of Moroccan society on two fronts: because of the sense of pluralism and debate they sparked in the public sphere, and because of their movement towards an individual-based rights system, as opposed to one based on collective rights. Souss Sahara Atlantique Voyage.Le Portugal, premier pays européen à recevoir le label “Safe Travels”. However, King Mohamed VI, who took the throne in 1999 and continues to rule the country today, has showed hints of being less repressive than his father. "This Time I Choose When to Leave: An Interview with Fatna El-Bouih." ", Slymovics, Susan. While King Mohamed VI has taken steps to expand Moroccans' political freedoms, like reforming the Moudawana and establishing the Equity and Reconciliation Commission in 2004 to address past government abuses, Morocco's political system remains generally corrupt.. London: British Institute of International and Comparative Law, 2008. Whereas the original Mudawana and its 1993 reforms were enacted by royal decree, the 2004 reforms were deliberated upon extensively in Parliament, which made over 100 amendments to the code before ratifying it in January 2004.  Still others point out that in an even broader sense, the universal notion of formal equality itself may not be evenly applicable or relevant to women from different social, cultural, and national backgrounds. Les mouvements féministes au Maroc ont compris qu'ils ne pouvaient imposer un féminisme laïc même si le combat à la base est fort similaire (en gros le féminisme actuel dans le monde arabe correspond aux deux premières vagues du féminisme du 19e et 20e siècle en Europe Occidental et en Europe Occidental avec le mouvement metoo on en est à la 4ème vague), on ne peut nier le … La critique théâtrale au Maroc en deuil - 15 novembre, 2020 - 12 Anouar El Joundi: le soldat des planches n’est plus! For example, women were now allowed to designate the guardian or tutor who would give approval for their marriage, and fathers were no longer allowed to compel their daughters into marriage. La polygamie dans la Moudawana marocaine : un numéro de haute voltige.  Ibid. 30 June 2009. May 2007. Morocco in Transition, Middle East Report 218 (Spring 2001).  The events were not without controversy, however, generating both a counter-petition as well as a fatwa directed against the women's demands. King Mohammed VI, whose reign began in 1999 after the death of his father, was much more sympathetic to their cause than King Hassan II had been; in fact, when he ascended the throne, King Mohammad VI promised in a nationally televised speech that he would work to improve Morocco's human rights record. Zvan, Katja.  Ibid.  Without this license, an association will have difficulty securing funding and has no right to recourse within the Moroccan justice system. Many against the Moudawana reformation believed the UAF's campaign to be against the Islamic values traditionally held in Morocco. "Assessing the Impact of the 2004 Moudawana on Women's Rights in Morocco." Selat Gibraltar memisahkan Spanyol dari Maroko dengan rentang air 13 kilometer (8,1 mil). The top-down nature of the reforms has resulted in many members of the judicial system simply ignoring the new laws’ provisions. We thought that we have succeeded in breaking the taboo and the sacredness of the Moudawana. The latter, which came to be associated with the Association Marocaine pour les Droits des Femmes (ADFM), played a key role in a working group that examined the family code. Abingdon: Routledge, 2007.  Furthermore, many women's groups and feminist activists in Morocco hold the view that religion must be incorporated into any reformist framework for it to be acceptable to the Moroccan population, and as such, the reforms represent a progressive step without alienating the majority of the society. Code de la famille au Maroc - Moudawana Texte de loi relatif à la moudawana de la famille au Maroc. The right to petition for divorce belongs to both men and women, though procedures for reconciliation and mediation are encouraged. The Moroccan women's movement has been a product of the recent history of society since the pre-colonial period. informal justice system as well as . All rights reserved.  The opposition took many steps to curb the power of the UAF; the Ministry of Religious Endowments and Islamic Affairs encouraged imams to preach against the reforms.  Ibid. ALIMAROC ADDICT est un Blog pour les acheteurs Marocain.  As a result, this traditional form of religious authority gives the monarch the political legitimacy to arbitrate the agenda and decisions of a modern, multiparty government.. Maintenant je dis que les idées de ces gens là ne donneront rien de bon au Maroc. Malchiodi, Beth. On October 10, 2003, the king presented Parliament with a plan to replace the old Mudawana entirely, on the commission's recommendation, describing the new law code as “modern” and intended to “free women from the injustices they endure, in addition [to] protecting children’s rights and safeguarding men’s dignity.” In doing so, he emphasized that the reforms were not intended to address women's rights exclusively, but to address issues associated with the family as a whole.
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