Successful law reform

By Loh Foon Fong
The Star (Malaysia)
March 27, 2006

Women's groups in Muslim-dominated Morocco and Turkey have pushed the democratic process forward by bringing about justice and equality in their family laws.

Two years after Morocco achieved independence in 1956, an Islamic family code that discriminated against women was introduced. Women were seen as incapable of making their own decisions even up to the 1970s. Today, Morocco has one of the most progressive Islamic family laws.

The new family code, Moudawana 2004, which the women's groups successfully campaigned for, removed the need for guardianship to contract marriage. A woman can now contract her own marriage at age 18.

Muslim women in Morocco enjoy equality through their country's family laws. The new code also made polygamy almost impossible. If men marry without the court's permission, the marriage is illegal. Male and female grandchildren now have equal share of their grandparents' inheritance. Humiliating expressions were removed from the legal text.

"The process of bringing about change is very long and no organisation can make this reform alone because the issues are very complex," said Amina Lemrini. Amima was speaking on the role of Moroccan women in the reformation of the family code at an international seminar on "Trends in Family Law Reform in Muslim Countries" held in Kuala Lumpur recently.

"The obstacles were enormous. Political parties exploited religion for political reasons. Conservative men used the mosque and media to undermine women's work. They also held demonstrations," said Amina, founder of the Moroccan Human Rights Organisation.

"We had to approach the grassroots from the level of real-life problems. We selected cases of people who came to our centre, which are common in society," she said.

"It was difficult to convince the men because they had privileges, so we asked them: You have daughters. You don't want your daughters protected?"

To the politicians, the women's group reminded them that they could not be a democratic party if they deprived women of their rights.

"We created a large alliance during the campaign, and communicated with various community groups. You have to show that the amendments are just, that the suggestions will solve real problems in society," said Amina, who has published numerous papers on human rights issues, particularly the rights of children and women.

There were several failed attempts, until 1993, to reform the family code. The reform then was superficial but it managed to remove the notion of the sacredness of the law. Many people protested and said that it was against Islam to change the family code, said Amina. In the 1980s, feminist groups emerged with an independent ideology after Morocco became a signatory to numerous international agreements.

In 1998, opposition parties formed the government and the following year, the prime minister presented the national plan for the integration of women in development. Many conservatives considered the plan as "devilish".

A coalition of 200 women's associations made an unprecedented campaign that lasted from 1999-2004 to defend their cause. There were national-level discussions and the women's groups stood their ground that the law should be based on equality between the genders, said Amina.

In 2001, Morocco's new king expressed his concern for the welfare of women and selected a consultative committee. The coalition led the demands for the family code reform and proposed that the consultative committee should also be made up of women, not only men and male Islamic scholars. They also proposed that the committee should include legal experts, sociologists, economists and psychologists.

A memorandum on the reform of the family code was sent to the king in March 2003 and the king came up with a consultative committee the following month. The coalition for the campaign presented their case in front of the consultative committee. They later created the guidelines of equality for the family, said Amina.

In October 2003, the king announced the new family code in Parliament. The following month, the women's movement presented their case in Parliament and in February, Parliament agreed to the family code.