Policy paper highlights challenges and prospects of Morocco’s Family Code reform

A recent policy paper analyzing proposed amendments to Morocco’s Family Code, approved by the Supreme Council of Ulema, highlights numerous obstacles to the implementation of these legal reforms.

Among the challenges cited are the slow evolution of mindsets and ideological resistance stemming from restrictive interpretations of religious texts.

The paper underscores the need for a measured approach to discussions on religion and gender equality, advocating for the inclusion of Islamic scholars and linguistic experts in the debate.

The report, titled “Reforming the Family Code in Light of the Review Commission’s Recommendations: Developments, Limits, and Prospects”, was published by the Policy Center for the New South.

It acknowledges the presence of clear political will for reform but stresses that implementation faces significant hurdles, including entrenched social and cultural norms. “Mentalities evolve slowly, hindering the effective application of equality principles,” the study notes.

Another key challenge, according to the paper, is ideological resistance that reinforces male dominance through a restrictive reading of religious texts. Researchers Abdessalam Jaldi and Nezha Chekrouni, who authored the study, also point to disparities between urban and rural areas that limit women’s access to education and economic opportunities.

High illiteracy rates, despite advances in girls’ education, remain a major obstacle to women’s empowerment and awareness of their rights.

To address these challenges, the authors argue that a calm and thoughtful debate on religion and gender equality is essential to dispel ambiguities and misconceptions.

They stress that interpreting religious texts is central to discussions on gender equality, particularly concerning paternity recognition through DNA testing, inheritance rights, marital property division, exceptions for child marriage at 17, and the ability of Moroccan women to marry non-Muslims.

The lack of consensus on these issues fosters biased interpretations and hinders reform, the study asserts. It calls for a transparent, multidisciplinary dialogue involving Islamic scholars, legal experts, and linguists to contextualize sacred texts.

Another major barrier to gender equality, according to the paper, is the fear of losing cultural identity and social cohesion. However, the study argues that such concerns often mask a desire to perpetuate male dominance and maintain the status quo rather than embrace change that promotes justice and fairness.

The report also emphasizes that Islam, at its core, advocates for justice and cannot justify systematic discrimination against women. Overcoming cognitive biases and entrenched stereotypes requires strong political will, awareness campaigns, and education reforms.

This includes revising school curricula to incorporate gender equality values and combatting gender-based stereotypes, ensuring equitable access to quality education nationwide, particularly in rural areas.

The study recommends strengthening judicial training to ensure consistent application of the reforms, establishing monitoring and evaluation mechanisms to prevent backsliding, and educating citizens about their rights through media and education initiatives.

Additionally, the report urges Morocco to enhance public policies by fostering gender equality education from an early age, facilitating women’s entry into the labor market, enacting legislation that protects women and children, and promoting a socially and economically inclusive system that upholds equality.

The authors also highlight the potential of women’s entrepreneurship as a key driver of sustainable development. They call for measures to improve women’s access to financing—where they continue to face more hurdles than men in securing loans and investments—and to create a supportive business environment through incubators, training programs, and tailored support initiatives.