Global North-South Conversation: Moudawana Reforms - Towards Societal Transformation

For our sixth Global North-South conversation we are interviewing our Executive Director, Dr. Houda Abadi. As an expert on MENA and gender equality, this conversation will be an opportunity to dissect the current discussions and developments surrounding the Moudawana in Morocco. 

This series is designed to foster meaningful dialogue between countries in the Global South and those in the Global North on critical issues such as conflict prevention, violent extremism, gender, and human rights. At Transformative Peace, we believe this initiative is essential for developing more effective conflict resolution strategies and promoting sustainable peace. Our approach emphasizes inclusivity, human rights, and the integration of diverse perspectives, thereby amplifying the voices of the Global South in a media landscape that often prioritizes Western-centric narratives. We invite you to engage with this enlightening conversation with Dr. Houda Abadi. For more transformative conversations featuring scholars and experts from the Global South, please click here.

What do current discussions on and reforms to the Moudawana mean for Morocco and what would these reforms entail?

After two decades, new proposals on the Moudawana have been formulated, marking a major socio-political transformation in the contemporary history of Morocco. These reforms challenge traditional gender structures and aim to guarantee the rights that women have campaigned for for many years. Key areas of focus include legal guardianship, child custody, maternal autonomy, recognition of domestic work and rules relating to inheritance.  Although some have hailed these new proposals as historic steps towards gender equality, others believe they fall short of complete comprehensive change. For example, the refusal to permit DNA testing to establish paternal parentage has drawn criticism. At the same time, although polygamy has been restricted to a state of exception and a new clause has been introduced, these measures do not completely prohibit this practice. Concerning inheritance, the abolition of the rule of “Taasib”, a provision of Islamic law which favors male heirs, was rejected.  Although donations of property to female heirs are permitted during their lifetime, men continue to benefit from pre-eminent status in inheritance matters. Critics say these incremental reforms fail to challenge deeply entrenched patriarchal structures and cultural norms that perpetuate inequality.

Nevertheless, these progressive gradual changes reflect a recognition of the complexities involved in altering societal attitudes and are strategically aimed to foster acceptance and minimize the risk of a significant backlash from conservative segments of society. This cautious approach enables more sustainable transformation, as it seeks to build consensus and support among diverse stakeholders. By implementing reforms incrementally, advocates can raise awareness and mobilize communities, paving the way for deeper, lasting change. This ensures that progress on gender equality is both sustainable and resilient.

What is the view of the Moroccan public on these reforms? How do we navigate the difficult terrain of cultural sensitivity while seeking progress?

Current debates on Moudawana reforms highlight the urgency of a profound social transformation of public attitudes and norms in order to implement the political and structural changes necessary for gender equality. According to the Arab Barometer, public support for Mudawana's gender reforms remains low, with only 24% of the population believing that inheritance laws should be revised to ensure gender equality, while 79% believe that all reforms must absolutely be based on Islamic law. Islamic law and other sources of traditional norms can act as either an impediment or a driver of gender equality, depending on how they are used and interpreted. In this context, the process and methodology employed to promote these major societal transformations are essential for the public to perceive them as being consistent with Islamic principles. Gender equality advocates must navigate this landscape carefully, framing reforms in ways that resonate with traditional values ​​while fostering progressive change.  Effective change requires not only the adoption of new laws, but also a change in attitudes and behaviors within society.

Can you speak a little more about the relationship between Islamic law and women’s rights? 

The Quran sets out principles of equality and justice that are essential not only for individual rights, but also for the collective well-being of communities. When rights are respected and protected, the benefits extend to all members of the community, promoting a more just and equitable environment. The representation of women in the Quran, as well as their historical roles within Islamic societies, underscores the potential for reimagining masculinities and femininities in ways that facilitate women's active participation in both public and private spheres.

However, it is essential to critically evaluate local sociocultural norms that often hinder gender equality. Although these norms are often formulated in religious terms, they frequently reflect human interpretations of Shari'a influenced by patriarchal traditions, rather than the fundamental principles of Islam. Distinguishing between religious doctrine and cultural customs is essential to building a solid religious justification for changing the roles of women in society.  Islamic frameworks can be powerful instruments for legitimizing the reinterpretation of gender norms, offering a path to transformation less likely to encounter resistance among traditionalists.

Despite criticisms from different sectors of society, what do these reforms represent for the trajectory of the nation? 

Although there is still work to be done, the reforms proposed in the family code constitute significant progress that deserves to be celebrated. Among the most transformative aspects of this reform is the recognition of women as mothers with legitimate rights over their children. This change allows divorced women to remarry without fear of losing custody of their children, thus encouraging them to rebuild their lives. Many women have faced considerable anxiety after a divorce, often fearful of the possibility of losing custody of their children. These new protections facilitate the transition to a new beginning, providing opportunities that have historically been reserved for men.

In addition, the reforms will introduce new calculation criteria for alimony, promoting a more equitable distribution of resources for the benefit of children.  These advances represent significant progress toward social justice, addressing current societal challenges by integrating contemporary principles with the religious values of equity and justice. According to the new provisions, legal guardianship becomes a right shared between spouses, both during marriage and in the event of separation. Mothers will no longer have to depend on fathers to obtain the legal documents necessary for their children. This represents a fundamental change, as it removes a long-standing barrier often used to restrict women's independence and authority. This newly acquired autonomy allows mothers to fully invest in their children's lives, without the constant pressure of having to negotiate with their former partners to obtain basic rights and needs.

Furthermore, the recognition of stay-at-home mothers and the value of unpaid work in household management constitutes a major step forward. In the event of divorce, finances will now be divided, recognizing women's invaluable contributions to family life. This change not only protects women financially, but also validates their essential role within the family structure.

Another significant advance lies in the possibility for parents to protect the inheritance rights of their daughters. Although this does not lead to complete equality, it is a first step towards securing their financial future and establishing a sense of autonomy that has historically been denied to them. By ensuring that daughters have a rightful claim to family assets, we are taking a critical step toward dismantling entrenched gender norms that have perpetuated inequality.

What are some of the most prescient challenges that remain regarding the Moudawana and the fight for gender equality in general?

The Moudawana, as a living text, embodies the potential for progressive change, but it requires ongoing adaptation to remain relevant in the face of evolving societal dynamics. Recent reform proposals mark significant progress in favor of gender equity but the persistence of patriarchal norms remains an issue, which can, in certain respects, hamper the effectiveness of these reforms. The 2004 reforms showed that many women in rural and disadvantaged areas were unaware of their rights, highlighting the need for awareness-raising initiatives. Implementation challenges persist due to entrenched practices, highlighting the complex interplay between social norms and political structures, where concrete progress in one area is often hampered by resistance in the other.

Forming alliances with diverse actors can amplify efforts to promote gender equality. Involving men in dialogue is essential to foster a culture of shared responsibility. Educational programs targeting men can help deconstruct harmful stereotypes and encourage more supportive behavior. By fostering greater understanding and cooperation between the sexes, reform advocates can create a more inclusive movement for change. Only by aligning legal reforms with social values ​​can Morocco truly hope to achieve lasting gender equality.