The Moroccan monarch King Mohammed VI, in his capacity as the Commander of the Faithful and President of the Higher Council of Scholars (Council of Scholars), has referred matters pertaining to some proposals from the committee responsible for reviewing the Family Code (Personal Status Law) to the council for study, based on the principles and rulings of modern Islamic religion and its lofty objectives, and to provide a fatwa on the matter.
The royal statement, issued today, Friday, indicates that this referral follows the completion of the committee's tasks within the specified timeframe, which submitted its proposals for the consideration of King Mohammed VI. Given that some of these proposals relate to religious texts, the matter was referred to the Higher Council of Scholars, which, according to Article 41 of the Constitution, is the only body qualified to issue officially recognized fatwas.
Recalling the Contents of the Royal Message
The statement further noted that King Mohammed VI urged the Higher Council of Scholars, while providing rulings on the proposed matters, to take into account the contents of the royal message addressed to the Prime Minister, calling for the adoption of the virtues of moderation and constructive open ijtihad, under the guideline that prohibits declaring the unlawful lawful or the lawful unlawful.
Moroccan Prime Minister Aziz Akhannouch received the committee tasked with reviewing the Family Code on March 30, following the completion of its mission within the timeframe stipulated in the royal message addressed to him by King Mohammed VI. Akhannouch stated at the time, "I met with the members of the committee after they completed their tasks within the timeframe set by the royal message."
A Broad Consultative Approach
Akhannouch added, "I received a report on the proposed amendments from its periodic coordinator to submit to His Majesty the King," noting that "the committee worked according to a broad consultative approach through organizing listening sessions with various stakeholders."
Another royal statement, issued on September 26, 2023, revealed that King Mohammed VI directed the Prime Minister to reconsider the Family Code, emphasizing that the message was part of the decision announced by the King in his 2022 Throne Day speech, reflecting his ongoing care for promoting women's issues and family matters more broadly.
Alongside the King's assignment to the Prime Minister through this message, the practical supervision of this significant reform was collectively entrusted to the Ministry of Justice, the Supreme Council of the Judicial Authority, and the Presidency of the Public Prosecution Office, considering the central legal and judicial aspects of the issue.
Involving All Relevant Bodies in the Reform
The King also urged the aforementioned institutions to closely involve other bodies directly concerned with the issue, especially the Higher Council of Scholars, the National Human Rights Council, the governmental authority responsible for solidarity and social integration, and the family, while also opening up to civil society organizations and specialists in the field.
The royal directives, as per the statement from the royal office, stipulated the submission of proposed amendments arising from these extensive participatory consultations for the King’s consideration within a maximum period of six months, ahead of preparing a legal draft on this matter for parliamentary approval.
