11th March 2020
Research has shown that egalitarian reform of family law may be the most important precondition for the economic empowerment of women. Sadly, the majority of reservations entered against CEDAW are based on religion, with the single most reserved article by Muslim countries being Article 16, which is related to gender equality in marriage and the family. Indeed, Muslim family laws in over 45 countries contain discriminatory provisions that do not recognise women’s right to equality in marriage, divorce, custody of children, and other family matters. Islam is used to justify violations of women’s constitutional rights to equality, and to justify reservations to international conventions and treaties that promote gender equality.
The Moroccan experience is a valuable example for civil society organisations seeking reform in similar Muslim-majority countries to follow. It reflects the success and ability of the Moroccan women’s movement to reform the Moroccan shari’a-based family law, knowing that the biggest impediment to reform in such cases is that the texts that organise family relations are “sacred”, cannot be “touched” because they are derived from Islamic shari’a and fiqh.
In Morocco, reform was made possible thanks to the political will of the country’s highest authority, the King, and the mobilisation of religious leaders and experts tasked with providing a fresh interpretation of the sacred texts, in line with international standards of human rights.
The publication is only available in Arabic.