Government Spokesperson Mustapha Baitas on Thursday announced that a drafting commission has been formed with regards to the revision of the Family Code. This commission includes key ministries together with the General Secretariat of the Government (SGG).
During a press briefing following the weekly Government Council meeting, Baitas emphasized that the Council “decided to form a Drafting Commission composed of departments directly concerned with the revision of the Family Code, given the specific nature of this Code.”
This commission includes the Ministry of Justice, the Ministry of Endowments and Islamic Affairs, the Ministry of Solidarity, Social Inclusion and Family, as well as the General Secretariat of the Government.
According to the Moroccan official, the latter was enlisted due to its expertise and the contribution it can provide to this Commission, given the over laps between the revision of the Family Code and a series of other existing laws, as well as certain draft texts currently under parliamentary examination.
The drafting commission will include legal and judicial experts as well as ulema (Islamic scholars). Additionally, it can, if necessary, involve experts from other fields or specializations whose presence or contributions would be deemed beneficial by the commission.
Baitas noted in this regard that the government is closely following the debates triggered by the Family Code revision and pays particular attention to this issue during its weekly meetings.
He specified that this issue has remained a top priority since December 26, when the government held a communication meeting, in accordance with High Royal Instructions, outlining the main proposed revisions to the public.
“The government wishes to underline that the presentations made during the communication meeting […] contain the broadlines of the proposed revisions to the Family Code and the conclusions of the legal opinion formulated on them,” he stated. “We are now in the phase of their legal drafting to determine the modalities of their implementation and their conditions and procedures.”
The minister emphasized that it is premature to raise questions about the proposals as they were presented, the situations they may give rise to, or potential difficulties in their implementation. All of these depend on the existence of a text that frames and clarifies the proposals made.
Therefore and in keeping with the High Royal Instructions, the government will continue its communication on this matter and will remain available to provide relevant information and data, while taking into account the preparatory nature of the text and the stages of its drafting process, Baitas added.
In this context, the spokesperson said that, in response to the debates sparked by the Family Code revision, the government “aligns with the commendable positions of political parties, labor unions and civil society actors.”
Furthermore, the government denounces attempts to undermine the Supreme Ulema Council, the respect owed to its members, and the value and foundations of its opinions on certain Sharia-related issues, without due consideration of the institution’s competencies as “the sole authority allowed to issue officially recognized fatwas [religious opinions],” in accordance with Article 41 of the Constitution.
The government welcomes “proposals and observations from scholars, researchers, and all political and civil society actors aimed at improving the draft law during its drafting phase,” Baitas further noted.
“These proposals are grounded in the religious constants of the Kingdom, as well as the social and legal developments observed, with the aim of ensuring family stability and safeguarding the interests of all its members,” he concluded.
