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In September 2023, Morocco embarked on a long-awaited journey of legal reform with the initiation of the family code revision process by King Mohammed VI. This significant step resonated with the persistent concerns raised by Morocco’s legal professionals, political, and civil movements, reflecting a collective conviction and desire to address the challenges revealed by 20 years of practice under the current family code.
Since its historical inception in 2004, the family code, also known as Moudawana, has held promise as a revolutionary departure from the archaic code of 1958. Nevertheless, the transition from legislation to practice has revealed systemic inadequacies related to certain Moudawana clauses, encountering resistance from segments of Moroccan society, and facing conservative practices within Morocco’s judicial apparatus.
However, what initially appeared as a mere technical reform has escalated into a significant social and political battleground, with the ‘Islamist’ Party of Justice and Development (PJD), led by its general secretary and former chief of government, Abdelilah Benkirane, spearheading the charge. This pivotal shift illuminates the complex dynamics and divisions within Moroccan society and the political arena regarding the fundamental direction and nature of societal progress.
Morocco’s Family Code: A Tumultuous Path of Reform
The evolution of Morocco’s legal stance on family matters since the post-colonial era reflects a complex blend of Islamic tradition and modern societal demands. Initially, King Mohammed V aimed to unify Morocco’s legal system by integrating Islamic law and local customs into the national legal doctrine, with notable scholars like Allal Al Fassi playing a pivotal role. However, this effort primarily focused on family law, resulting in a code that, while rooted in Islamic jurisprudence, also bore the marks of secular legal elements from the protectorate period. This early code perpetuated gender biases, reinforcing male dominance in most family-related matters.
As societal attitudes shifted in the latter half of the 20th century, the code’s inadequacies became increasingly apparent. Despite efforts, such as the establishment of a royal committee in 1981 to amend the code, consensus among political and religious factions remained elusive. The latter vehemently opposed reforms that could challenge the Islamic and local traditions upon which the 1958 code was founded, thus impeding substantial progress.
The 1990s marked a turning point as feminist and progressive organizations demanded reforms to align the family code with constitutional and international standards on women’s rights. King Hassan II’s 1992 committee signaled an official recognition of these concerns, although the 1993 amendments did not fully meet feminist expectations.
The new millennium brought intensified calls for change, culminating in the significant 2003 reforms under King Mohammed VI. These amendments represented a crucial step forward, balancing respect for Islamic traditions with principles of gender equality and legal empowerment. However, challenges remained, such as ambiguous texts leading to inconsistent legal interpretations and inequalities in divorce, custody, affiliation, and financial support for children of divorced parents.
In 2022, King Mohammed VI sought further reform to address persistent challenges within the existing family code. Instead of establishing a political ad-hoc commission, he entrusted judicial bureaucrats and state officials with spearheading the amendment process. Emphasizing his role as the commander of believers and protector of the faith, the King imposed the necessity of his personal approval before parliamentary review.
Yet, despite the King’s assurances regarding the technical nature of the reform and the preservation of Morocco’s Islamic identity, political tensions arose. The PJD emerged once again as the conservative voice in the debate, defying the King’s intentions for reform.
Strategic Conservatism: Unveiling the PJD Political Gamble
Morocco’s PJD has evolved from an opposition party to a governing force, reflecting the nation’s changing societal and political landscape. Yet, its steadfast commitment to family code reform remains central to its political identity. Led by figures like Abdelilah Benkirane, the party has consistently opposed changes to Morocco’s family legal framework since the late 1990s, asserting that preserving Islamic traditions is crucial for societal harmony and national stability.
At its core, the PJD upholds gender roles and family structures rooted in Islamic principles, vehemently opposing gender equality, especially in inheritance laws. Drawing upon Quranic and Prophetic texts, the party justifies its conservative interpretation of family values. Furthermore, by invoking the King’s role as the commander of believers, the PJD emphasizes the importance of adhering to Islamist values, viewing any proposed alterations as a departure from Morocco’s traditional political order and a potential threat to regime legitimacy and stability.
Benkirane, embodying the PJD’s convictions, passionately advocates for the preservation of Islamic traditions amidst modern currents. His rhetoric resonates with many Moroccans deeply sensitive to reforms of the family code, viewing it not just as a legal framework but as an embodiment of shared traditional and conservative values. Beyond the PJD, Benkirane’s influence shapes broader societal discourse on legal reform and religious identity, often clashing with liberal and progressive voices. His recent call for a march of millions, reminiscent of the Casablanca March, underscores his commitment to preserving what he sees as the true Moroccan identity in the face of perceived threats.
However, the PJD’s position extends beyond ideological battles; it represents a strategic move to revitalize a party that has faced challenges, particularly during its tenure in governance. Three key elements shed light on the PJD’s approach:
Repentance from the Original Sin: The PJD signing of the normalization accord with Israel in 2020, under its leadership of the previous government coalition, significantly undermined its credibility among its conservative support base. This move contradicted the party’s long-standing position on defending the causes of the Muslim Ummah. In response, the PJD intensified its opposition to reforms and engaged in conflicts with the progressive movements to reaffirm its commitment to conservative values and regain the trust of its base.
The Shadow of Yassine’s Party: Al Adl Wa Al Ihssane, created by Abdesslam Yassine, represents a significant conservative force in Moroccan politics and society. As the movement signals potential interest in entering the political arena, the PJD faces heightened competition for the conservative vote. To maintain its position, the PJD seeks to consolidate its base and present itself as the most credible representative of traditional values and Islamic principles.
Back to Foundations: In recent years, the party’s rhetoric was firmly rooted in combating corruption and elevating the lower and middle-income groups. Yet, amid mounting challenges and criticism of its governance, it is shifting back to its stringent positions, notably in resisting progressive changes to the Moudawana. This aims to reconnect with its traditional electorate and reinforce its identity as the guardian of conservative values in Moroccan politics.
The Road to the 2026 Elections
Looking ahead to the 2026 elections, the ongoing debate surrounding family code reform serves as a precursor to the political dynamics shaping Morocco’s electoral landscape. As the nation prepares for this pivotal moment, several key factors will undoubtedly influence the outcomes and narratives of the upcoming elections.
The discourse on family code reform underscores the deep-seated societal divisions and ideological fault lines inherent in Moroccan politics. Divergent views on tradition, religion, and modernity will prominently feature in the political discourse leading up to the elections.
While formal participation by Al Adl Wa Al Ihssane in politics remains improbable, the movement’s substantial influence among devout conservatives cannot be disregarded. Even without direct political engagement, the movement’s ideological stance will continue to shape public opinion and influence the agendas of other political actors, notably the PJD.
Religious considerations remain a driving force in Moroccan political discourse. The role of Islam in governance, the preservation of traditional values, and the intricate relationship between religion and the state are poised to take center stage in electoral campaigns and policy debates.With limited space for substantial reform and political parties facing credibility challenges, leveraging ideological values emerges as a primary strategy for relevance in the public sphere.
