Summary of the strategic report on the situation of the Moroccan family
If the family sphere - by its nature - experiences the intervention of numerous actors who intersect in a certain number of programs and projects linked to it, the roles and policies implemented through official channels remain of a great importance, just like the contributions of scientific research centers and institutions in the family field, make their effective role a first priority, as well as a major access to identify and evaluate the different policies and choices that are adopted there, in as a reference to which a certain number of results return.
Highlighting the reality of the Moroccan family and evaluating the family code based on the basic elements retained by this study; allowed us to identify its strengths and weaknesses, and thus to reveal the extent of its effectiveness in meeting the various challenges that arise in the family domain, whether those posed by the Moroccan reality at the internal level, or those linked to the question of the compatibility of Moroccan legislation on the family with international human rights charters and conventions, due to the fact that this study addresses the changes, challenges and issues which have affected the reality of the Moroccan family through the adoption and implementation of the Family Code. so that the study is not a simple description of the positions and perceptions of the average citizen, whether or not they are aware of how the code was written, as is the case with the study carried out by the Ministry of Family and Solidarity (in 2016); this study sought to give voice to the informed category who participate actively and daily in family affairs, given that it is these actors themselves who have the knowledge and the capacity to produce analyzes on the conditions in which they work.
In order to achieve this, the study adopted a number of essential thematic approaches through which the Code was evaluated, and which can be spread across five axes: knowledge of the Family Code and its context, the diagnosis of the most important aberrations in the implementation of the Code, and anticipate the problems and issues of compatibility of national legislation with international conventions relating to the family, as well as anticipate the most important challenges facing the family Moroccan, this allowed us to develop a proactive vision on the perception of a public policy specific to the family. The study thus attempted to inquire into it at several levels, by revealing the reality of the activation of the code of the family through statistical data which highlights the extent of society's interaction with the code, and the extent of its influence on our society. And, this study also attempted to reveal its possible shortcomings in several aspects.
Statistical data are considered as one of the mechanisms and means likely to provide a closer view of the picture and the reality of the implementation of the Family Code; and those, at several levels, which all form as a whole a concrete picture of the social situation and human rights, whether for the family as a whole, or for women, or for children; as parties that have benefited from varying levels of legislative attention. What the study attempted to reflect through the statistics which covered the regions of Tangier, Casablanca and Agadir, Regions considered as the center of gravity of the main regions of the Kingdom, which are the north, the center and the south, in order to display a revealing image of the reality of the implementation of the family code through the choices mentioned above.
The 17 years of implementation of the Family Code have opened the way to experimentation with its provisions, thus revealing the different paths it has taken, whether it is the part relating to the procedural aspect or the part relating to the substantive objective provisions. If the aforementioned provisions, in its different areas, constitute a synthesis of the national legislative effort in the area of the family, Its application has led to mixed results, on the basis of which it has been possible to identify a certain number of aspects of effectiveness and shortcomings. This gave the various actors in the family field the opportunity to discuss the perceptions and approaches which should serve as the basis for any future legislative revision.
Thus, according to the choices made by the study, the family code was evaluated on several levels, the results of which we present through the following plans:
In terms of evaluating the level of familiarity of actors with the texts of the Family Code, the study revealed that 44.8 percent of study participants have complete knowledge of the texts of the Code, and that 42 percent of them have only partial knowledge, while 13.8 percent of them are not informed at all.
As for access by gender, we see that the percentage of women who know it perfectly is considered high (47%) compared to men (36.9%), while the percentage of those who know it partially is considered as higher in men (% 38.7) than in women.
Regarding the priority of the concerns of Moroccan families, the study showed that children come to the forefront of concerns, as the results of the study revealed that childhood is considered the first priority with (34.3%), followed by marriage (27.9%), then divorce (22%),2) Then inheritance (11.7).
As for the priorities of families according to region, childhood is also considered one of the first priorities, whether for the region of Tangier (35.6%) or Agadir (35%), as well as the region from Casablanca (32.4%).
Men and women also consider them as the first among the priorities of the family code, alongside marriage, divorce and inheritance, because they are considered the first priority, whether for men (36.4%) or for women (33%), after which marriage comes second (% 28.4) for women, against (25.9%) for men, divorce comes third (23.8% for women, compared to (17.9%) for men. As for inheritance, it is considered the fourth priority (15.2%) for men, compared to (10.1%) for women.
As for the justifications which motivate wanting to detect the family code, the study showed that civil justifications came at the top of the justifications for access to the Family Code (39.6%), followed by personal justifications (20. 7%), then academic (20.5%), then family (19.2%).
In terms of monitoring amendments to the Code, the study showed that the percentage of those who are fully aware of the amendments to the Family Code is considered important and that those who have relative knowledge of these amendments are rather close in terms of importance: (42.7%) for the first and (42.1%) for the second; while the percentage of those who are not aware of these amendments remains lower (15.2%). And with regard to geographical distribution, the largest group of actors aware of the Code amendments is that of the Casablanca region (63.6%), then comes the Tangier region (49.5%), while the Agadir region counts (42.7%).
Consequently, the study attempted to contribute - through the efforts made - to identify the deficiencies of the Code and to reveal a certain number of legal gaps which require a reconsideration of its provisions and legislative choices.
So ; concerning the shortcomings of the Family Code, the results of the study revealed the need to modify its provisions at the level of several themes, and those according to the opinion of (71.9%) of the people concerned by the study , who declared that this necessity constituted the reason and motive which approves the amendments to the Code, as well as (41.7%) of them stressed that these amendments are considered natural because of the transformations of Moroccan society, while (38.6%) of them consider that this change occurred solely as the result of internal pressures.
Notwithstanding the degree of knowledge of the texts of the Code, the amendments occurring therein, or their sources; The study revealed that civil society can be the main driver of change from below, through channels of dialogue with spheres of responsibility, whether at the local, central or international level.
Concerning the actors of change, the Family Code was considered as a societal workshop, to which a certain number of actors in Moroccan society contributed at different levels. Thus according to the results of the study, civil society constituted the most influential actor (28.8%), followed by the State (25.2%) then by citizens (% 17.7), then by political parties (% 14.5), followed by international organizations, which have had a significant impact on change (% 13.9).
Furthermore, the participants in the study believe that with regard to the categories concerned by the introduction and presentation of the Code; lawyers come at the top of these categories (26.3%), followed by political leaders (24.6%), followed by social actors (23.2%), then political actors (14.5%).
The study also addressed a very important issue, namely the identification of a number of provisions of the Family Code which have been misinterpreted or misunderstood. Among these provisions; according to the actors included in the study; there is a distinction between types of divorce (23.9%) and marriage provisions (12.6%), pension provisions (26.6%), polygamy provisions (24%), guardianship in marriage (9.9%), in addition to other issues (3%).
At the procedural level, the study also noted a lack of understanding concerning the procedures linked to the implementation of a certain number of its provisions, in particular the division of property due to the dissolution of the matrimonial pact (38.7%); Pension (% 29.8); Polygamy (27.4%).
Regarding the issue of polygamy, which is considered one of the issues whose legal requirements have caused great controversy, given that the requirements approved by the Family Code have had a significant impact on polygamy, since marriages concluded in relation to it have considerably decreased since the launch of the Family Code, according to statistics from the Ministry of Justice; given that it no longer exceeds 1%, which was confirmed by the report of the Ministry of Solidarity, Women, Family and Social Development; published by the Ministry of Justice and Liberties in 2014, which revealed that the percentage of marriages linked to polygamy did not exceed (0.26%) in 2013.
The study found that the institution of polygamy still enjoys significant support from many categories of Moroccan society (79.9%) within the requirements of the Code, while smaller groups are opposed to its maintenance (16.1%). While other categories support its maintenance by adopting the principle of restriction in its application, and taking into account exceptional cases that approve the authorization of polygamy, such as cases of infertility or illness of the wife, for example (4%).
In addition, the practice of polygamy faces several objective restrictions related to financial eligibility (52.9%), physical and psychological capacity (18.3%), and availability of housing (10. 5%).
It should also be noted that several aspects of circumvention of the law have been recorded, such as the falsification of celibacy contracts and the conclusion of illegal marriages by changing the address of residence, the marriage with Fatiha in addition to the joining of lineage after pregnancy, which makes the issue of legal updating and rearrangements a very urgent matter.
Concerning women's groups who support the continuation of polygamy, their support is either due to late marriage (35.9%), which is considered the main reason for them to accept polygamy, while fragility and need constitutes the second motivation (26.2%), on the other hand, the reason could be due to mutual love (16.9%), while there are those who consider incompetence and inability of young single people to make married life a success and to bear the burdens of married life as the reason for their acceptance of polygamy (14.5%).
As for the practice of polygamy among men; this may be due to the availability of the financial capabilities necessary to support more than one family (33.7%), it may also be due to the desire to have children (28.4%), while some perceive it as an accomplishment of virility (15.8 %) as it may be due to the love between the two parties (15%).
The study highlighted the presence of a number of legal gaps that appeared with the activation of the provisions of the Family Code, which although they can be revealed through several provisions, but the study attempted to focus only on those related to issues of polygamy and underage marriage.
So ; Regarding the legal loopholes linked to polygamy, some resort to marriage authentication to circumvent the law and obtain approval of polygamy authorization requests (34.7%). There are also cases where one presents himself in the company of a pregnant woman in order to present the judicial power with a fait accompli to obtain approval. (% 32.4), One can also proceed to conceal the civil status book as a fraudulent method to benefit from these provisions (%27.5), in addition to the presence of other legal loopholes exploited to circumvent the law (% 5.5).
As for the marriage of minor girls, considered among the themes to which the study devoted an important place, due to the fact that it is classified among the most controversial themes, whether because of the fact that its provisions are regulated by the Family Code, or as a subject in which a certain number of actors from the legal and judicial field, or belonging to civil society, have become involved, in particular those who are interested in questions of the family, women and from childhood. the study revealed that among the reasons which push the judiciary to grant marriage authorization to a minor, the pregnancy of a minor girl tops the reasons for authorization (42.6%), while Others (11.7%) confirmed that it poses a danger to the girl due to pregnancy, while some groups (8.7%) attributed the reason for allowing it to the poverty factor, while d Others, on the other hand, (14.8%) emphasized that the guardian's insistence was the main reason for authorizing it, while others (22.2%) attributed it to a request for recognition of the marriage by the young girl.
The study confirmed, through a number of indicators, that the phenomenon of underage marriage is considered to be one of the complex societal phenomena, which arise from several causes as well as its dimensions are multiple, which affect the implementation of the provisions of the Family Code in this area, and limits its effectiveness and the effectiveness of its protection, and among the most notable issues concerning the implementation of the conditions required for the marriage of minors, we find the ignorance of marital responsibility (32.7%), and also the presence of social and cultural resistance which amplify the extent of this phenomenon (25.9%), illiteracy is also considered as one of the reasons which lead to widening its scope (22.2%). Poverty can also be a fundamental factor in this type of marriage (19.3%).
Considering all that has just preceded, it can be affirmed that the authorization to marry minors within the limits of the narrow exception and under the established conditions and by activating the two expert mechanisms - the conduct of which should be entrusted to a sworn doctor, particularly in the case of the marriage of minors, and social research, remains a logical question and in accordance with the spirit of the law, in particular article 20 above.
As for the debate on the provisions that should govern - as a reference - the issue of marriage of minors, the study revealed that there are groups that support the adoption of central laws (21.1%), while others Others (20.5%) highlighted the need to adhere to local laws, while the majority (%58.4) support the adoption of both references in parallel to organize this type of marriage.
As for the compatibility of the family code with universal values, openness to universal values has become one of the questions that urgently arises in various countries of the world, due to the growth of globalized thinking, which calls for the generalization of universal and human values, considering them as the reference to which all national legislation must adapt. Which makes it a subject of great societal controversy, the study of which attempted to reveal a certain number of problems it poses, including the fact that these values - according to the opinion of a certain number of participants in the study - constitute a threat to religious identity, (24.5%), on the other hand, this does not pose a problem for (23.5%) of the participants, while others (18.3%) see it a threat to local values, others (12.7%) see it as a threat to social peace. Another group (12%) lists them as factors that will lead to family disintegration, while some (6.6%) consider them a threat to spiritual security.
The question of contradictions between international agreements and national legislation was one of the themes on which the study presented the points of view of the participants, thus one category of respondents proclaimed that there was a partial contradiction between the two (49.1%), while another group indicated that there was a complete contradiction (45.4%), while others (5.5%) ruled out the possibility of this contradiction.
As for themes that cannot be reconciled with compatibility, they include the marriage of a minor, as noted by a number of study participants (27.9%), in addition to abortion (25 .2%), as well as polygamy (22.3%). In addition to equality in terms of legacy (22.2%).
Since the question of concordance still poses many problems, the study attempted; through the roles and efforts of a number of actors and entities; considered influential; because of their nature and specificity; to assess to what extent these problems can be overcome, thus it was revealed that civil society is the one that can take the lead through its roles to overcome these issues (% 22.9), followed by religious scholars (ulama ) (% 18.6), then by judges (% 18.3), as well as Parliament (% 11.7). ), then follow government skills (% 10.8), then comes university (% 9), then school (%7.9)
If the study, based on its thematic choices, sought to trace the implementation of the provisions of the Family Code through the fields of research it addresses, it in return attempted to anticipate a certain number of future transformations through the legislative introduction and approach, throughout a certain number of perceptions that it transmitted from several actors in the family field, from where it revealed a certain number of trends on several questions. Thus, in terms of preventing early marriage, there is a trend towards more openness to international standards and towards encouraging compatibility (40.8%). As for the prevention of polygamy, there is a lesser tendency and less support for these standards (27.4%). Inheritance through tribalism does not get much support (19.5%). As for the question of equality in inheritance, it appears to be the furthest from any discussion on the question of the compatibility of national legislation with international standards, as the study demonstrates (12.3%).
In addition to all of the above, the study also opened the debate on the possibility of modifying the legal requirements linked to a number of provisions of the Code, thus the debate focused on the following points: the provisions on early marriage (36.5%), the provisions on polygamy (31.6%), the provisions on inheritance (15.5%) the provisions on the marriage of a Muslim woman with a non-Muslim man (12.8 %).
Based on the needs revealed by practical reality and reflected in the opinions of the participants, the study highlighted the need to pay attention to a number of ways that can effectively contribute to the implementation of the provisions of the Family Code , among which: training programs for new spouses are also important (34.4%) in addition to the creation of family mediation centers (30.8%), the need to qualify human and financial resources (19.1 %) the strengthening of infrastructure were also highlighted as one of the means which will contribute to the effective implementation of the Code (15.7%).
Fact ; considering the means and mechanisms mentioned above as gaps that must be filled comes from the fact that they represent areas of deficiency which have emerged as progress has been made in the implementation of the Code. It is no secret that the rate of family conflicts is still constantly increasing, due to low awareness of responsibilities, rights and duties, mutual relationships linked to the family institution, and the scarcity of rehabilitation and training programs for spouses, especially newly married couples.
The study demonstrates that another form of the Moroccan family is being reconstituted for the next 10 years, which will lead to its redefinition. It is also on the verge of a transition period with which it will experience major changes, for several reasons which can be attributable to: exceptional circumstances such as the covid pandemic and its accompanying psychological effects, with their social impacts and economic on the components of the family, due to the fact that the Moroccan family lives in exceptional circumstances since the declaration of the state of health emergency on March 20, 2020, with the exceptional situation imposed by the ban on all demonstrations, the imposition of quarantine and social distancing, the obligation to stay at home, the suspension of studies in establishments. All this, in addition to the proposal of alternative plans with the aim of educational continuity through a distance learning mechanism; In addition to other measures that placed families before the option of forced isolation from the rest of other families. There were changes in the consumption patterns of Moroccan families: this period was characterized by fear and the rush to food stores due to contradictory information on the future of the health situation. Despite the emphasis placed by the competent authorities on covering social and consumption needs throughout the quarantine period, we note according to the study data, that (24%) felt fear and stocked with food for a month, while the majority only bought what they needed. Demand for food products increased by 61%, amid a decline in other spending related to transportation and entertainment. The study also demonstrated a decline in luxury living and citizens' satisfaction with their basic needs by making do with little. The study also showed that (46%) of their monthly income was not affected, while (54%) were affected by the drop, and this is what pushed some families to dip into their savings previous years and, if necessary, to borrow from banks.
Under these sudden and exceptional circumstances, Moroccan family members have experienced particular experiences, while trying to cope with them on multiple levels that concern aspects of coexistence within households. The study showed that (59.32%) consider it acceptable for a man to do household chores, while (31.36%) consider it more of a duty, and a small percentage (9.32%) considers it unacceptable for a man to do the housework. This shows us the degree of man's involvement under exceptional circumstances in taking on his responsibilities at home, to assume family roles, including care and custody. Most of the respondents in the sample raised children as a couple, 60.17%, while 14.41% responded that it was the mother who was responsible for raising the children. The study also showed that 79% of the members of the sample created an account in one of the social media that emerged during the said crisis, to a greater extent, some made it a side job during of the economic crisis, it was also found that (88.98%) increased their connection with technological means which have strongly imposed themselves, in particular with the imposition of distance learning and work, in addition to the lack of other means of entertainment. Thus after the reopening of educational establishments, the ministry proposed two options: the option of distance learning and that of face-to-face teaching. Many families preferred face-to-face teaching over distance learning, as (60.17%) preferred face-to-face teaching for their children and (4.24%) chose the option of distance learning. However, although the majority of parents prefer face-to-face teaching for their children, we note that a large group of study participants (50.85%) responded that they have actually followed education and training from a distance.
Concerning family conflicts and domestic violence, we note that the reduction in the overall income of the family and the exposure of its members to unemployment and work pressure; resulting from the corona pandemic have led to an increase in cases of dissonance and contradiction within the family. The study showed that women were exposed to violence to the extent of (10.17%), while men were exposed to violence to the extent of (2.54%) and women were mistreated by their fathers at the rate of (4.24%), and by their brothers at the rate of (3.39%), and by their partners at the rate of (2.54%). The types of violence that women were exposed to were: psychological violence at a rate of (5.08%), while men were exposed to economic violence at a rate of (2.54%) and psychological violence at a rate of (1.69%).
The study also made it possible to confirm the role of civil society in achieving the developments mentioned above, sometimes through demands, or through a series of appeals, but above all through its presence and daily interaction with society through its programs and activities, or through guidance and supervision. However, what can be criticized for the efforts made by various actors other than the state is characterized by division and lack of harmony in a number of areas.
Furthermore, one of the deficiencies that limit the effectiveness of policies related to the family area is that they present a large gap, which constitutes the separation of university institutions and researchers and the omission of their involvement in them. , which distances these policies from reality. Due to the fact that they fail to integrate this important component, whose primary mission is training and research, which is the basis of the success of various policies and projects in various countries around the world, which makes their projects not scientifically established and ineffective on the ground.
At the level of judicial practice, it can be noted that there are numerous difficulties faced by actors in the judicial and legal field, linked to the implementation of the legal arsenal during the launch of the code, such as: marriage minors, divorce and polygamy, which has made it difficult to adapt legal texts to the situations raised even for major professionals in the legal and judicial field.
Therefore the roles of government agencies responsible for the family area will be revealed, also, the contributions of civil society to it, will be reviewed, within the framework of a critical vision based on the results obtained in the area and, which attempts to anticipate the sources of best interest for the family as it is the primary objective to spread discussion on these topics.