The Evolution of The Moudawana Revolution
Achieving equal rights with minimum fights: How the Union de l'Action Feminine were able to reform Moudawana.
Called “most thorough reform of Moroccan society since independence,” (Al Horr), the unjust laws of Moudawana, permitted few rights to women when it was first adopted in 1958, reflecting centuries-old customs. Moudawana, also called ‘family law’, caused a significant divide between modernists and traditionalists. Recently, these have been reformed to make it more equitable toward women. This has fundamentally transformed family relationships, a phenomenon that is generally overlooked by the outside world, which assumes men typically dominate society in Islamic countries.
Women began taking a stand in the early 1960s, and while some changes were made in 1993, it took more concerted protests, led by Latifa Jbabdi of the Women’s Action Union (UAF) for any real adjustment to the laws to take place. The idea of greater female freedom was fiercely opposed by fundamental Muslims, who led a one million strong march in Casablanca in 2000, while the UAF marched for reform in Rabat. This led to the newly crowned King Mohamed VI taking direct control of the issue. Passionate debate reigned as to how changes would alter Moroccan cultural values and were against religious edicts, but the King’s support as “Commander of the Faithful” and his use of the Quran and Hadith to argue in favor of greater rights for women meant that the new Moudawana passed through an Islamist parliament in 2003 where it had been soundly rejected only a year before.
The core of Moudawana protest revolved around women’s disempowerment in the areas of marriage, divorce, inheritance, child custody, and polygamy. Even with early changes, the laws still granted men greater power. However, according to Khayaty “from the 1990s, women’s struggle for reforms achieved a concrete victory and began to gain momentum” this is evident, seeing as within 14 years, much of the laws had been reformed. With these amendments, women no longer need the approval of a male marital tutor to marry, they are able to file for divorce, and polygamy can only take place with the court’s approval. Further amendments include the minimum age of marriage increasing by three years:; raising from fifteen to 18. This, as stated by Euromed Rights (a network of human rights organizations), is a landmark reform of the status of Moroccan women as it puts them on equal footing with men.
From conflict to consensus, Morocco is now one of the most liberal countries in terms of women’s rights in the Arab region. According to Fatima Outbaleb, the women of the UAF have thought to succeed in breaking both the taboo and sacredness of the Moudawana. With the UAF’s next objective to educate those whom Moudawana concern, “They have been conducting demonstrations and providing education to the public, aiming to ensure that the reforms are understood and are incorporated into daily life.” says a writer from Tavaana (an institute for civil society). UAF founder Lafita Jbabdi now claims her goal “is to spread the word to some of the most remote areas of Morocco – to illiterate men and women who have little access to objective information about the Moudawana reforms, and little ability to obtain legal assistance.” This, hopefully resulting in the maintenance of this outstanding progression.
