Family Code Review: Royal Referral Reinforces Morocco’s Role as Beacon of Moderate Sunni Thought

This Royal Initiative, which aims to check and strengthen the legal basis of these proposals reflects the Kingdom’s position as a leading country in this area.

It is a dynamic, open, inclusive and forward-looking approach to issues relating to religion, which reinforces Morocco’s position as a unique country that has always advocated a moderate interpretation of Islam, taking into account the virtues of Ijtihad to serve the interest of the family.

The Royal Referral, which draws its essence from the prerogatives of the Commandership of the Faithful Institution, stems from the Sovereign’s concern to broaden the institutional consultation process relating to the revision of the Family Code, to meet the expectations of Moroccan citizens.

It is meant to highlight the importance of Ijtihad in understanding situations arising from the evolution of society and to underline the ability of legal prescriptions of a religious nature to adapt to new realities.

The Sovereign’s Initiative also refers to the central role of Moroccan scholars, renowned for their competence and moderation, in respecting religious precepts and supporting societal developments.

 

ROYAL REFERRAL, ENSHRINING THE CHOICE OF OPEN AND CONSTRUCTIVE IJTIHAD

 

By referring the matter to the Higher Council of Ulema, His Majesty the King enshrines the choice of open and constructive Ijtihad, illustrating once again the High Royal solicitude towards the family, this pillar of the national community.

Indeed, through the far-sighted Royal Initiative, which is part of the constitutional prerogatives of the Sovereign, in His capacity as Commander of the Faithful and Chairman of the Higher Council of Ulema, this Institution is called upon to issue a collective Fatwa, which will strengthen the proposals submitted by the Body in charge of revising the Family Code and consolidate the use of Ijtihad to improve the fate of all members of the family.

Moroccan scholars are thus called upon to issue an opinion in accordance with the values ​​of Islam while respecting the purposes of religion and their change over time.

His Majesty the King ensures, through this Referral, to involve scholars and their constitutional institution in the collective reflection on the revision of the Family Code, which stands out from other legal texts since some of its provisions have a religious reference. The aim is to check and strengthen the legal basis of some proposals of the Body in charge of revising the Family Code with regard to religion through Ijtihad.

Through this reform, Morocco, under the far-sighted leadership of His Majesty the King, intends to successfully complete this major societal project, which will meet the aspirations of the whole society and enshrine the full rights of Moroccan family components.

The Royal Referral also supports the social proposals and demands expressed, in a renewal-oriented consensual framework, taking into consideration the interest of the family, the stability of marital relations and the sustainability of tranquility and affection between all family components.

The Royal Referral to the Higher Council of Ulema regarding some proposals of a religious nature, submitted to the High Appreciation of His Majesty King Mohammed VI by the Body in charge of revising the Family Code, reinforces Morocco's role as a beacon of moderate Sunni thought based on Ijtihad and openness.
28 June 2024
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