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Mudawana is the family code
Family law

Family law is an area of the law that deals with family issues and domestic relations including, but not limited to:*the nature of marriage, civil unions, and domestic partnerships;...
 of Morocco
Morocco

Morocco , officially the Kingdom of Morocco , is a country located in North Africa with a population of nearly 34 million and an area just under 447,000 km2....
. Based on the Maliki
Maliki

The Maliki madhhab is one of the four madhab of Fiqh or religious law within Sunni Islam. It is the third-largest of the four schools, followed by approximately 15% of Muslims, mostly in North Africa and West Africa....
 school of Sunni Islam
Sunni Islam

Sunni Islam is the Demographics of Islam Divisions of Islam of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa?l-Jama?ah or Ahl as-Sunnah for short....
, the code has been praised by human rights
Human rights

Human rights refer to the "basic rights and freedom to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of speech, and equality before the law; and social, cultural and economic rights, i...
 activists for its social and religious reform
Islamic Reformation

Islamic Reformation is a broad, multidisciplinary movement to reform Islam, including Islamic society and daily living for Muslims. The idea of an Islamic reformation gained notoriety when it was endorsed by novelist Salman Rushdie in 2005....
.

lass="link1" onMouseover='showByLink("m6809192",this)' onMouseout='hide("m6809192")'href="http://www.absoluteastronomy.com/topics/Malik_ibn_Anas">Malik ibn Anas
Malik ibn Anas

Malik ibn Anas ibn Malik ibn 'Amr al-Asbahi is known as "Imam Malik," the "Sheikh ul-Islam," the "Proof of the Community," and "Imam of the Abode of Emigration." He was one of the most highly respected scholars of fiqh in Sunni Islam....
, the founder of the Maliki
Maliki

The Maliki madhhab is one of the four madhab of Fiqh or religious law within Sunni Islam. It is the third-largest of the four schools, followed by approximately 15% of Muslims, mostly in North Africa and West Africa....
 school of Sunni Islam
Sunni Islam

Sunni Islam is the Demographics of Islam Divisions of Islam of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa?l-Jama?ah or Ahl as-Sunnah for short....
, wrote Al-Muwatta
Al-Muwatta

The Muwa??a is an early statement of Muslim law, compiled and edited by Imam Malik. It is considered the earliest extant source of hadith, the traditions of the Prophet Muhammad that form the basis of Islamic jurisprudence alongside the Qur'an....
 and Al-Mudawana, the first collection of sayings of the prophet of Islam, Muhammad
Hadith collection

According to Muslims tradition, the collection of ahadith or sayings by or about the Prophet Muhammad was a meticulous and thorough process that began right at the time of Muhammad....
, his family, his companions, and also reflections of Imam Malik bin Anas, which were collected and published by the imam
Imam

File:Medaillon chiite.jpgAn imam is an Islamic leadership position. Often the leader of a mosque and the community. Similar to spiritual leaders, the imam is the one who leads the prayer during Islamic gatherings....
 with commentary
Fiqh

Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law?based directly on the Quran and Sunnah?that complements Shariah with evolving Fatwa/interpretations of Ulema....
. Al-Mudawana largely consisted of family law, regulating marriage
Islamic marital jurisprudence

In Islamic law, marriage is a legal bond and social contract between a man and a woman as prompted by the shari'a. There are two types of marriages mentioned in the Qur'an, the nikah in verse 4:4 and the Nikah mut?ah in verse 4:24....
, inheritance, and child custody
Child custody

Child custody and legal guardian are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child....
.






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Mudawana is the family code
Family law

Family law is an area of the law that deals with family issues and domestic relations including, but not limited to:*the nature of marriage, civil unions, and domestic partnerships;...
 of Morocco
Morocco

Morocco , officially the Kingdom of Morocco , is a country located in North Africa with a population of nearly 34 million and an area just under 447,000 km2....
. Based on the Maliki
Maliki

The Maliki madhhab is one of the four madhab of Fiqh or religious law within Sunni Islam. It is the third-largest of the four schools, followed by approximately 15% of Muslims, mostly in North Africa and West Africa....
 school of Sunni Islam
Sunni Islam

Sunni Islam is the Demographics of Islam Divisions of Islam of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa?l-Jama?ah or Ahl as-Sunnah for short....
, the code has been praised by human rights
Human rights

Human rights refer to the "basic rights and freedom to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of speech, and equality before the law; and social, cultural and economic rights, i...
 activists for its social and religious reform
Islamic Reformation

Islamic Reformation is a broad, multidisciplinary movement to reform Islam, including Islamic society and daily living for Muslims. The idea of an Islamic reformation gained notoriety when it was endorsed by novelist Salman Rushdie in 2005....
.

History

Malik ibn Anas
Malik ibn Anas

Malik ibn Anas ibn Malik ibn 'Amr al-Asbahi is known as "Imam Malik," the "Sheikh ul-Islam," the "Proof of the Community," and "Imam of the Abode of Emigration." He was one of the most highly respected scholars of fiqh in Sunni Islam....
, the founder of the Maliki
Maliki

The Maliki madhhab is one of the four madhab of Fiqh or religious law within Sunni Islam. It is the third-largest of the four schools, followed by approximately 15% of Muslims, mostly in North Africa and West Africa....
 school of Sunni Islam
Sunni Islam

Sunni Islam is the Demographics of Islam Divisions of Islam of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa?l-Jama?ah or Ahl as-Sunnah for short....
, wrote Al-Muwatta
Al-Muwatta

The Muwa??a is an early statement of Muslim law, compiled and edited by Imam Malik. It is considered the earliest extant source of hadith, the traditions of the Prophet Muhammad that form the basis of Islamic jurisprudence alongside the Qur'an....
 and Al-Mudawana, the first collection of sayings of the prophet of Islam, Muhammad
Hadith collection

According to Muslims tradition, the collection of ahadith or sayings by or about the Prophet Muhammad was a meticulous and thorough process that began right at the time of Muhammad....
, his family, his companions, and also reflections of Imam Malik bin Anas, which were collected and published by the imam
Imam

File:Medaillon chiite.jpgAn imam is an Islamic leadership position. Often the leader of a mosque and the community. Similar to spiritual leaders, the imam is the one who leads the prayer during Islamic gatherings....
 with commentary
Fiqh

Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law?based directly on the Quran and Sunnah?that complements Shariah with evolving Fatwa/interpretations of Ulema....
. Al-Mudawana largely consisted of family law, regulating marriage
Islamic marital jurisprudence

In Islamic law, marriage is a legal bond and social contract between a man and a woman as prompted by the shari'a. There are two types of marriages mentioned in the Qur'an, the nikah in verse 4:4 and the Nikah mut?ah in verse 4:24....
, inheritance, and child custody
Child custody

Child custody and legal guardian are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child....
. Tamara Sonn
Tamara Sonn

Dr. Tamara Sonn is the Kenan Professor of Religion and Humanities at the College of William and Mary in Williamsburg, Virginia, United States. Sonn received a B.A....
, professor of religion and humanities at the College of William and Mary
College of William and Mary

The College of William & Mary in Virginia is a public university research university located in Williamsburg, Virginia, Virginia, United States....
 commends Morocco's code for the abolishment of the patriarchal family and diction
Diction

Diction, in its original, primary meaning, refers to the writer's or the speaker's distinctive vocabulary choices and style of expression. A secondary, more common meaning of "diction" is more precisely expressed with the word enunciation ? the art of speaking clearly so that each word is clearly heard and understood to its fullest complexity...
 respecting women.

The code

Couples have to go to a secular court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 to obtain a divorce
Divorce

Divorce or dissolution of marriage is a legal process in which a judge or other authority dissolves the bonds of matrimony existing between two persons, thus restoring them to the marital status of being single....
 rather than just getting a letter of repudiation
Repudiation

*Anticipatory repudiation is a term in the law of contracts that describes a declaration by one party to a contract that they do not intend to live up to their obligations under the contract....
 from a religious official. (See Islamic marital jurisprudence
Islamic marital jurisprudence

In Islamic law, marriage is a legal bond and social contract between a man and a woman as prompted by the shari'a. There are two types of marriages mentioned in the Qur'an, the nikah in verse 4:4 and the Nikah mut?ah in verse 4:24....
). The parent who keeps custody of the children also keeps the house. The legal age of marriage
Marriage

Marriage is a social, spirituality, or law union of individuals. This union may also be called matrimony, while the ceremony that marks its beginning is usually called a wedding and the married status created is sometimes called wedlock....
 is 18 instead of 15. Sexual harassment
Sexual harassment

Sexual harassment is unwelcome attention of a sexual nature and is a form of illegal and social harassment. It includes a range of behavior from seemingly mild transgressions and annoyances to actual sexual abuse or sexual assault....
 is an offense punished by law. The Mudawana, which was passed by a majority of the members of the Moroccan parliament
Parliament of Morocco

The Parliament of Morocco is located in Rabat, the capital of Morocco....
, has granted women more power. The revision has angered some fundamentalists.

Polygamy

Polygamy
Polygamy

The term polygamy is used in related ways in social anthropology, sociobiology, and sociology. Polygamy can be defined as any "Types of marriages in which a person [has] more than one spouse."...
, while still allowed, became more difficult under the new Mudawana in 2003. It must be authorized specifically by a judge, and only if:
  • there is an exceptional and objective justification for it
  • the first wife consents
  • the man has sufficient resources to support the two families and guarantee all maintenance rights, accommodation and equality in all aspects of life


A woman has the right to stipulate a condition in the marriage contract by which her husband will refrain from taking another wife.

Implementation

The Parliament attempted to revise the code several times in the first few years following its establishment, most notably granting women the right to divorce. Parliament revised the code in February 2004, giving royal assent by King Mohammed VI, Morocco's supreme religious leader and head of state
Head of State

Head of state is the generic term for the individual or collective office that serves as the chief public representative of a monarchic or republican nation-state, federation, commonwealth or any other political state....
.

Citizenship

King Mohammed VI publicly endorsed amending the code to offer citizenship to the children of Moroccan mothers and foreign fathers in his State of the Nation Address on July 30, 2005. Article 6 of Morocco's 1958 Citizenship Act previously limited citizenship to children born of Moroccan fathers. Exceptions to this rule are children of fathers whose citizenship is unknown or non-existent, or in cases in which the child is between the ages of 16 and 18 and his legal status as a Moroccan is not challenged by the Justice Minister. The King also has the right to grant citizenship to anyone on a case-by-case basis. a modification of the law was submitted for vote in the Moroccan parliament.

See also

  • Human rights in Morocco
    Human rights in Morocco

    Morocco?s human rights record is mixed. On the one hand, Morocco has made considerable improvements since the repressive Years of Lead under King of Morocco Hassan II's reign , but under his modernizing son, Mohammed VI of Morocco, there are still complaints about abuse of power....
  • Algerian Family Code
    Algerian Family Code

    The Algerian Family Code , enacted on June 9, 1984, specifies the laws relating to familial relations in arab Algeria . It includes strong elements of Islamic law which have brought it praise from Islamists and condemnation from secularists and feminists....
  • Child custody
    Child custody

    Child custody and legal guardian are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child....
  • Divorce (conflict)
    Divorce (conflict)

    In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the Conflict of Laws and its choice of law rules are highly relevant to determine:...
  • List of parenting issues affecting separated parents
    List of parenting issues affecting separated parents

    This list identifies a range of parenting issues that affecting separated and divorced parents, that is regarding their children:*Child custody**Joint custody...
  • Marriage (conflict)
    Marriage (conflict)

    In conflict of laws, the issue of marriage has assumed increasing public policy significance in a world of increasing multi-ethnic, multi-cultural community existence....
  • Religion and divorce
    Religion and divorce

    Many countries in Europe, such as France, once prohibited divorce, as it is not condoned by the Roman Catholic Church. Sometimes citizens travelled to other jurisdictions to obtain a divorce....
  • Women's rights
    Women's rights

    The term women's rights refers to Freedom and entitlements of women and girls of all ages. These rights may or may not be institutionalized, ignored or suppressed by law, local custom, and behavior in a particular society....


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