Gender Inequality in Morocco Continues, Despite Amendments to Family Law
By Aida Alami
When Zineb lost her father at the age of 15, her grief was compounded when she learned that she had to share his inheritance with an older half-brother unknown to her or her mother and sister.
“It
felt unfair to split it with him,” said Zineb, 29, a teacher in Rabat
who asked that her full name not be used because as a political activist
she is concerned about her safety. “Somebody was parachuted into your
life and we didn’t know him and after all, my mom worked for half of all
of that money.”
A
decade ago, Morocco adopted a family code hailed by women’s rights
groups as a big step forward. Three years ago, the country passed a new
constitution guaranteeing gender equality. Even so, Moroccan women say
that equality is still a long way off, and much of the old order remains
untouched, including the inheritance law section of the family code.
That law, laid down in the Quran, states that male relatives receive
double the inheritance of women.
But
the pressure for change is building. “Islam allows for
reinterpretation, and it is time for radical decisions to protect
women,” said Saida Kouzzi, a founding partner at Mobilizing for Rights
Associates, a nongovernmental organization based in Morocco. “This law
of inheritance was based on the fact that men were the head of the
households, which is not the case anymore as many women are the ones who
provide for the family or at least contribute in a significant manner.”
In
2004, Morocco rewrote its code of family law, establishing the right to
divorce by mutual consent, placing limits on polygamy and raising the
minimum marriage age for women to 18 from 15. But no changes were made
with respect to inheritance.
At
the time, the Moroccan ruler, King Mohammed VI, had to arbitrate
between the demands of feminist organizations, who were calling for an
expansion of women’s rights, and the Islamic political parties, who were
strongly resistant to change. But terrorist bombings in 2003 that
killed 45 people in Casablanca weakened the Islamist parties and paved
the way for the adoption of the new family code. The king seized that
opportunity to make it clear that he was the country’s top religious
authority.
“I
can’t in my capacity as commander of the faithful, permit what God has
forbidden, nor forbid what the Almighty has allowed,” the king said in
an October 2003 address to Parliament about the changes to the family
code. He also hinted that he would push to loosen religious rules
without completely rejecting them.
Analysts said it was a clever strategy.
“It
was definitely a strong marketing move,” said Abdellah Tourabi, a
political science researcher and the editor of the Moroccan monthly
magazine Zamane. “It was the fourth year of his reign, and the move gave
him the image of a modernist and a reformer. He became a sort of
bulwark against conservatism and Islamism and a strategic ally for the
secular elites.”
Still,
human rights organizations say that, in practice, the changes have not
been fully carried out, mainly because some judges have been finding
ways around the law or are still unfamiliar with the amendments.
Although
the law now states that 18 is the minimum marriage age, judges have
granted permission for the marriage of minors in about 90 percent of the
cases that have appeared before them, according to 2010 data reported
by the Justice Ministry.
“It takes much more time for changes in the law to be translated into practice,” said Ziba Mir-Hosseini,
a research associate specializing in women and Islamic law at the
Centre for Islamic and Middle Eastern Law at the University of London.
“Studies show that it takes about one generation or 30 years for
legislation to push society in a different direction.”
“Many
families in rural areas are really eager to have their daughters marry
much earlier,” she added. “Judges have to go by the reality on the
ground.”
In
conservative Morocco, the reality is that even women may be reluctant
to challenge Islamic traditions that discriminate against them. “Women
are very attached to the book and it is very clear on inheritance,” said
Sonia Terrab, a Moroccan novelist, referring to the Quran. “If given
the choice, they will reject reform. There needs to be a strong state
that imposes it until it becomes a solid gain in two or three
generations.”
In
December, Driss Lachgar, secretary general of the Socialist Union of
Popular Forces, an opposition party, demanded the repeal of laws that
discriminate against women and called for a national debate on the
inheritance law. Although his message stirred some controversy, no
national or legislative debate ensued.
Ms.
Kouzzi, the human rights worker, said the enforcement of the
inheritance law had serious consequences: Many families disintegrate
after the death of the father, and sometimes the survivors lose their
homes.
Many
Moroccans, she said, have discovered ways to work around the law,
registering their properties in the name of their daughters, if they do
not have a son, to guarantee that the inheritance stays within the
nuclear family.
To
radically change a traditional law, scholars say, it is necessary to
accept that Muslim societies like Morocco are deeply conservative.
Feminists and other groups seeking change must work with conservatives
and avoid using alienating language.
“This
issue cannot be addressed without taking into consideration what
Moroccans consider to be their identity: Islam,” said Souad Eddouada, a
professor at the University of Kenitra in Morocco who specializes in
gender studies. “This is a very tough battle to win for feminists
because it touches money and property. Islam is based on the concept of
justice, so a new reading of the texts can open the way to reforms even
with inheritance.”
Many believe that this kind of change will not be possible in Morocco unless the king provides the impetus.
But
Zineb, the teacher who lost her father, said change was bound to happen
despite the serious challenge it would pose to the privileges of men.
Until then, she is making special provisions for her 8-year-old
daughter.
“My
advice to all women is to make sure they put the stuff in the kids’
names,” she said. “And they have to do it while they’re alive so the law
doesn’t take away the girls’ rights.”