The Sovereign’s Judicious Path: Reforming Morocco’s Family Code With Wisdom And Balance – OpEd

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In a world where the intersection of tradition and modernity often creates friction, Morocco stands as a beacon of judicious reform. Recently, the body charged with revising our nation’s Family Code submitted its proposals to His Majesty King Mohammed VI. In a move emblematic of his deep respect for both our religious heritage and the principles of good governance, the King has sought the guidance of the Supreme Council of Ulema. This decision, rooted in the very fabric of our Constitution, underscores the thoughtful and deliberate approach that has come to define His Majesty’s reign.

The Family Code, a cornerstone of Moroccan society, requires periodic reevaluation to ensure it meets the evolving needs of our people. The proposals submitted reflect a meticulous effort by the appointed body to address contemporary issues while preserving our cultural and religious identity. Yet, given the sensitive nature of some of these proposals, which touch upon religious texts, the King’s decision to involve the Supreme Council of Ulema is not only prudent but necessary.

His Majesty, Amir Al Mouminine and President of the Supreme Council of Ulema, issued his High Directives to the Council on June 28, 2024. He called upon them to scrutinize the proposals through the lens of Islamic principles and the religion’s tolerant and compassionate objectives. This ensures that the amendments to the Family Code will harmonize with the core values of Islam, thus maintaining the delicate balance between tradition and progress.

This referral to the Council of Ulema underscores a pivotal aspect of our Constitution, specifically Article 41, which designates the Council as the sole body authorized to issue official Fatwas. By doing so, the King reaffirms the importance of a unified and coherent religious authority in Morocco, ensuring that any legal reforms are not only socially relevant but also religiously sound.

Furthermore, the King’s guidance to the Supreme Council of Ulema reflects his enduring commitment to the principles of moderation and constructive Ijtihad. The Royal Letter addressed to the Prime Minister, which His Majesty urged the Council to consider, advocates for a balanced approach. This letter calls for adopting virtues of moderation and an open-minded Ijtihad, which is crucial in interpreting Islamic law in a way that is both faithful to tradition and responsive to the contemporary context.

His Majesty’s directive is clear: reforms should not contravene the core tenets of Islam. We must neither authorize what is prohibited nor prohibit what is authorized. This guiding principle ensures that our legal system remains robust, fair, and reflective of our religious and cultural values.

In these times of rapid change and uncertainty, His Majesty King Mohammed VI’s approach provides a model of thoughtful and principled leadership. By involving the Supreme Council of Ulema, he ensures that the revision of the Family Code is not just a legal exercise, but a moral and spiritual one as well. This process embodies the King’s vision of a Morocco that honors its heritage while confidently stepping into the future.

The Sovereign’s decision to integrate the wisdom of the Ulema with the imperatives of modern governance highlights a path forward for other nations grappling with similar challenges. It is a testament to Morocco’s commitment to ensuring that progress and tradition can coexist harmoniously, and that the values of Islam can continue to guide us in creating a just and equitable society.

As Morocco embarks on this journey of reform, the rest of the world watches with interest. The outcome will not only shape the lives of Moroccans but also serve as an example of how deeply-held religious principles can inform and enhance contemporary legal frameworks. Through wisdom and balance, Morocco is once again demonstrating that it is possible to honor the past while embracing the future.

Said Temsamani

Said Temsamani is a Moroccan political observer and consultant, who follows events in his country and across North Africa. He is a member of Washington Press Club.

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