League of Maghreb Scholars claim Family Law amendments violate Sharia

League of Maghreb Scholars claim Family Law amendments violate Sharia
Friday 27 December 2024 - 12:00

The League of Scholars of the Maghreb expressed strong opposition to proposed changes to Morocco’s Family Code in a statement issued on December 25, calling the reforms inconsistent with Islamic law and the guidance of King Mohammed VI.  

The league said that these amendments could lead people to seek religious rulings instead of settling disputes in court. 

The scholars claimed the Family Law reforms were driven by international pressure and would harm families, particularly women.  

The scholars criticized specific proposals, such as removing the requirement for two Muslim witnesses in marriage contracts and allowing mothers with custody to assume legal guardianship of children. 

The statement said these changes go against Islamic principles and could create confusion and inequality.  

The league also rejected the idea of treating a wife’s unpaid domestic work as grounds for dividing her husband’s wealth during a divorce. 

The scholars labeled this notion as a “Western secular idea” that contradicts the Islamic understanding of marriage.  

Another point of concern was the proposal to exclude the marital home from inheritance. The scholars said this would unfairly deprive heirs, especially mothers of deceased men, who might be in greater need of the property.  

The league claimed these amendments lack a basis in religious or societal debate and warned that they would discourage young people from marrying, increase family disputes, and negatively impact women.  

The scholars called on judges, lawyers, and civil society to reject the changes, stressing the need to protect Islamic principles. 

The league also proposed creating a family code based on the Maliki school of Islamic thought for those who wish to adhere to traditional laws.  

In their concluding remarks, the scholars called on Muslims to stand against what they see as “foreign-imposed secular laws” and to return to Islamic teachings, which they described as the foundation for a stable society.

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