A Journey of Empowerment and Ongoing Challenges

Rabat – A glimmer of hope shines on the horizon for Moroccan women as they eagerly await the promised reforms to the family code, a beacon of change that could finally shatter the shackles of gender inequality.

Throughout history, exceptional Moroccan women have left indelible marks on the nation’s trajectory.

One such figure is Dihiya, the Amazigh warrior queen who fiercely resisted Arab invaders in the 7th century. Known as “La Kahina,” she skillfully led Amazigh tribes against the Umayyad armies, even achieving a momentous victory at the Battle of “Nahr Al Bala” in 693. Her legend lives on as a symbol of courage and defiance in the face of oppression.

Another remarkable woman is Zaynab Nefzaouia, the mastermind behind the founding of Marrakech in the 11th century. Married to Youssef Ibn Tachfine, the first Almoravid sultan, Zaynab Nefzaouia not only designed the city’s layout but also actively participated in diplomatic affairs, advising her husband and contributing to the expansion of the Almoravid Empire.

These legendary figures shattered gender norms and proved that women could be formidable leaders, paving the way for future generations of Moroccan women to challenge societal boundaries and fight for their rights.

Legal reforms and ongoing obstacles

In more recent times, the tireless efforts of activists, legislators, and the monarchy have yielded significant advancements for Moroccan women’s rights. The reform of the Family Code (Moudawana) in 2004 stands out as a pivotal milestone.

This groundbreaking legislation strengthened women’s legal protections, raised the legal marriage age to 18, and granted women the right to divorce and child custody.

The adoption of the 2011 Constitution further solidified the commitment to gender equality by enshrining it as a fundamental principle. Moreover, Morocco has ratified key international conventions aimed at eliminating discrimination against women and safeguarding children’s rights.

However, despite these substantial strides, obstacles persist. Moroccan lawyer and women’s rights advocate Fatiha Chtatou emphasizes in an interview with MAP that the persistence of patriarchal mentalities continues to hinder women’s full participation in political and decision-making roles. In her work, she stresses the need for a genuine political will and the engagement of all responsible sectors to overcome these barriers and achieve the development model Morocco aspires to.

Chtatou also highlights the need to address shortcomings in the implementation of the Moudawana. She calls for a revision of certain provisions to better protect women’s rights and align with the progress made in Moroccan society.

Education and economic participation

The strides made in women’s education are particularly noteworthy. UNESCO reports that Morocco boasts a high percentage of women graduates in engineering at 42.2%, surpassing many developed nations. This achievement showcases the potential and intellectual prowess of Moroccan women.

However, this educational success is juxtaposed with the reality that only 22% of Moroccan women participate in the formal workforce, with higher vulnerability to unemployment and poverty.

The Global Gender Gap Report ranks Morocco 180th out of 189 countries in terms of women’s economic participation, with only 21.6% of women aged 15-65 active in the labor market.

Societal transformations have also exposed anachronisms in existing legislation. 

In 2015, the National Human Rights Council (CNDH) highlighted how current inheritance laws, based on traditional notions of male financial responsibility, no longer reflect the modern reality of women’s economic contributions within families.

The CNDH argues that these unequal inheritance practices exacerbate women’s vulnerability to poverty.

Furthermore, the disparities extend beyond the formal economy. Among Moroccan households, 18.4% are headed by women, the majority of whom are widowed or divorced and lack formal education. This underscores the urgent need for targeted interventions to support and empower women, especially those in vulnerable situations.

Challenges in personal status laws

The prohibition of marriage between Muslim Moroccan women and non-Muslim men creates legal and social complications that are increasingly contested as unconstitutional.

Children born from such unions abroad are considered illegitimate under Moroccan law, depriving them of legal recognition and protection. This situation highlights the need for a more inclusive and equitable approach to personal status laws.

Underage marriage remains a pressing concern, despite the Moudawana’s provisions. In 2018, 9% of marriages involved minors, 90% of whom were girls, often approved by judges with minimal investigation into the best interests of the child. This practice not only violates girls’ rights but also hinders their education and personal development.

Civil society organizations and political parties are calling for stricter laws to end child marriage. They argue that the current legal loopholes and inconsistent application of the law perpetuate this harmful practice and undermine the progress made in women’s rights.

Reconciling tradition and progress

Moroccan women, especially young girls,  aspire to fully realize their potential and contribute to the nation’s development. In an article published in Causette, Moroccan scholar Hakima Fassi Fihri emphasizes that the pursuit of further legal reforms to protect women’s rights and individual freedoms is crucial.

However, these debates inevitably intersect with questions of reconciling notions of liberty and equality with Morocco’s identity as an Islamic state. Some argue that a progressive interpretation of religious texts is compatible with gender equality, while others advocate for a clear separation between civil laws and religious norms.

New hopes

In a significant move towards gender equality, Moroccan King Mohammed VI has ordered a new reform of the family code (Moudawana), raising hopes among women activists for an end to gender-based injustices in marriage, divorce, and inheritance laws.

This comes two decades after the first reform in 2004, which, despite being hailed as the most progressive in the MENA region, left room for further improvements to align with the 2011 constitution’s emphasis on complete equality between men and women.

Moroccan women have three critical demands for the new reform; the abolition of child marriage, equal guardianship rights, and fair inheritance laws.

Under the current code, underage marriage is still permissible with judicial consent, leading to a rise in cases from 12,000 in 2020 to 19,000 in 2021. Women activists are calling for a categorical ban on child marriage, particularly in light of the recent earthquake that left many orphaned minor girls vulnerable to conservative marriage campaigns.

Read also: Why Child Marriages Continue in Morocco Despite Legal Reforms

Moreover, Moroccan women are seeking equal guardianship rights, as the current code automatically grants legal guardianship to the father following a separation, leaving the mother with no legal rights over her children despite having custody. This has led to daily distress for divorced mothers in managing their children’s administrative matters.

Additionally, women are demanding fair child support amounts and an end to the discriminatory Taasib law, which forces female orphans without brothers to share their inheritance with distant male relatives.

While the formation of an all-male reform committee has raised concerns about the potential for lukewarm changes, Moroccan women remain hopeful that their voices will be heard and that the new reform will bring about the long-awaited equality they deserve.

The committee is set to submit the new reform within six months, and female activists are closely monitoring the process to ensure that their demands are met and that the reformed Moudawana truly reflects the spirit of gender equality enshrined in the constitution.

Read also: After Nearly 20 Years, Morocco Discusses Family Code Reform

Celebrating achievements and solidarity

On this International Women’s Day, it is vital to celebrate the resilience, achievements, and immense potential of Moroccan women. From pioneering scientists like Fatima Roumate, co-author of a globally acclaimed book on artificial intelligence, to inspiring athletes like Ghizlane Chbbak, who led the Women’s Atlas Lions to qualify for the 2023 FIFA Women’s World Cup, Moroccan women are leaving their mark across diverse fields.

Latifa Akharbach, the first woman to hold the position of President of the High Authority for Audiovisual Communication, serves as a powerful example of women breaking barriers and occupying leadership roles traditionally reserved for men.

Moreover, the Moroccan mothers who raised the Atlas Lions, the national football team that made historic strides in the 2022 FIFA World Cup, have been celebrated for their unwavering support and the values they instilled in their children.

These remarkable women, along with countless others who tirelessly work to make a difference in their communities, deserve our admiration and support. They embody the spirit of resilience, determination, and the pursuit of excellence that characterizes Moroccan women.

However, it is crucial to acknowledge that many women still face significant challenges and discrimination. From limited access to education and economic opportunities – particularly in rural areas – to the persistence of gender-based violence, there is still a long way to go in achieving true equality.