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The History and Significance of the New Moroccan Family Code

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The growing religious identity throughout the world is challenging conventional social science wisdom, according to which modernization leads to the marginalization of religion in the public sphere. This discussion suggests different and alternative models for being both Muslim and modern. The focus is the family law reform within the context of a process of democratization and modernization that has been taking place in Morocco since the 1990s under a political system which, if not exactly religious, is at least not secular. After reviewing various initiatives to reform family law since independence, the author describes how a new family code (Mudawannat al-'Ursa) came to be adopted in 2004 after a painful process of civil action, controversial debates, and difficult negotiations, in which women's organizations played a primary role. The role of King Muhhamad VI also was crucial in ensuring that the new family code was ultimately supported by both its Islamic opponents and its "modernist" supporters. Because the monarchy's symbolic actions can go beyond the boundaries of debate set by the parties in the public arena, the author concludes that the King's arbitration between various positions remains a necessity and vital ingredient in Morocco's development and modernization process.

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  • 01/01/2019
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  • 09-002
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