Morocco's new family code is a win for gender equality

After years of tireless advocacy by feminist activists and civil society to bring concrete changes to the Moroccan Family Code, known as the Moudawana, we were finally heard when King Mohammed VI ordered reforms within six months.

It’s time. On 30th March, the commission in charge of the revisions officially handed them to Morocco’s Prime Minister Aziz Akhannouch.

This call for reforms didn’t come without noise. It has sparked a controversial debate, highlighting a significant societal split and a battle between progressive ideals and entrenched patriarchal norms.

It’s important to note that the 2011 Moroccan constitution already guarantees equality between men and women, but the current Moudawana is over 20 years old and very outdated.

"Change has always been met with fierce opposition from certain factions within Moroccan society, and feminist activists do not have it easy"

Raised by a single mother, I have witnessed injustice after injustice when it comes to women’s rights in my country, from unfair inheritance laws to painful divorce settlements with no pension, adding to the stigma of being a single mother.

Change has always been met with fierce opposition from certain factions within Moroccan society, and feminist activists do not have it easy. I have received threats and constant harassment online from troll accounts hiding behind anonymity, forcing me to leave X (Twitter).

This resistance is deeply telling of the broader issues of gender inequality and the misinterpretation of religion to perpetuate patriarchal dominance, done in a way to serve the male elite, as Moroccan Islamic Feminism founder Fatima Mernissi argued.

The reform’s opponents, who largely share patriarchal, conservative and masculinist ideologies, see any progress in women's rights as a direct threat to their male privileges. Their response — ranging from severe assaults on feminists to threats of going to civil war over the new Moudawana — shows the deep-seated fear of losing the power to rule on the terms of women’s life, freedom, and rights.

"Injustice anywhere is a threat to justice everywhere, and it is our collective responsibility to stand against it."

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For example, we have been criticised for is wanting to eliminate all loopholes allowing child marriage. In 2021, 19,000 cases were reported. For us, it's incomprehensible: how could anyone condone forcing a child into marriage before the age of 18? Even Moroccan girls are fighting for their right to eradicate child marriage.

The opposition we have faced in trying to protect minors from forced marriages is emblematic of this fear of losing control. Once reforms that promote equality receive momentum, the backlash, which is both predictable and strategic, is often disguised as a religious tool for coercion and intimidation.

But the fear of change cannot break this momentum. The struggle for a more progressive Moudawana is not just a legal issue, but it is also a social issue and a call for every person who anticipates a society where gender equality is a reality beyond constitutional provisions.

This new wave of resistance indicates these reforms' power to change our society. It shows that the patriarchal systems that have been oppressing women can finally be brought down.

The new Moudawana reforms could provide more protections for women in long-standing issues such as child marriage, inheritance, divorce, guardianship, and marriage between Moroccan women and foreigners, among other things.

It could begin the process of knocking down the legal foundations of gender inequality, granting Moroccan women freedom and protection under the law. The consequences of these reforms are crucial, as they give women the opportunity to take charge of their lives, both financially and personally, enabling them to contribute more to Moroccan society in economic, social, and political dimensions.

The abolition of child marriage with no exceptions will change the lives of thousands of girls, allowing them to acquire education and process personal development without the shackles of early forced marriage.

The revisions of inheritance and divorce laws will deliver women the security and fairness that have been due for a long time, which can be considered a significant milestone towards gender equality in Morocco.

"The destiny of Morocco is in the hands of those who are brave enough to accept this transformation, to stand by the ones who are fighting for justice, and to make it real that equality is not simply a constitutional ideal but a reality for all"

Nevertheless, changing the laws is just one of the parts of the whole process. Indeed, legal changes do not automatically lead to a change in people’s mentalities.

Fighting for a fairer Moudawana is also about changing people’s societal attitudes and beliefs. It is about the deconstruction of patriarchal beliefs that can be used as a tool to break the chains of both women and men in a society that is not equal.

Transforming the laws is a necessary step but we need to go one step further to change the society norms. This requires continuous advocacy, education and dialogue to translate into real changes in the lives of millions of women in Morocco.

The destiny of Morocco is in the hands of those who are brave enough to accept this transformation, to stand by the ones who are fighting for justice, and to make it real that equality is not simply a constitutional ideal but a reality for all.

The journey towards gender equality in Morocco is marked by this dual struggle: to set out and execute the laws that defend and promote women, and to build a community that supports and practices equality in all aspects of life. It’s a shared struggle against a system that has been shaping us, women, into second-class citizens.

At this moment, Moroccan society stands at a crossroads concerning this struggle. The outcome of the new Moudawana will be either moving towards justice and equality or remaining in the shackles of patriarchal norms.

The road ahead is full of obstacles, but the aspiration and determination of many Moroccan feminists and their allies light the path.

Yasmina Benslimane is a feminist activist, consultant, and women empowerment coach with a strong commitment to advancing gender equality and empowering women. She is the founder of Politics4Her, a non-profit organization that advocates for the inclusive participation of young women and girls in politics and leadership.

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Opinions expressed in this article remain those of the author and do not necessarily represent those of The New Arab, its editorial board or staff.