lesson #1: the many faces of moroccan · pdf file2008 fulbright-hays summer seminar abroad in...

Assessing the Impact of the 2004 Moudawana on

Women’s Rights in Morocco

a curriculum unit designed by

Beth Malchiodi

Participant in the 2008 Fulbright-Hays Summer Seminars Abroad

Morocco: The Delicate Balance Between Traditional Identity and Modernity

TABLE OF CONTENTS

Introduction and Acknowledgments .......................................................................................... 2

Background Notes for the Teacher ............................................................................................. 4

Lesson #1: The Many Faces of Moroccan Women ......................................................... 8

Lesson #2: The Status of Women in Historical Context ............................................... 11

Lessson#3: Introduction to Family Law in Morocco .................................................... 15

Lesson #4: Provisions of the 2004 Moudawana ........................................................... 18

Lesson #5: Outreach and Public Awareness Programs ................................................. 24

Lesson #6: Public Sentiment Regarding the 2004 Moudawana .................................... 32

Lesson #7: Islam, Feminism, and Women‘s Rights ...................................................... 36

Lesson #8: The Many Faces of Moroccan Women, Revisited ...................................... 40

References .............................................................................................................................. 45

2

INTRODUCTION and ACKNOWLEDGMENTS

In February 2004 Morocco‘s new Moudawana, or Family Law Code, went into effect and

introduced the first truly significant reforms to the laws governing marriage, divorce, child

custody and guardianship, marital property, and inheritance since it was originally promulgated

in the late 1950s following independence from the French. In the West the Moudawana has been

hailed as a victory for women‘s rights and a shift away from interpretations of religious scripture

that sanction the oppression of women in Muslim societies. In Morocco, attitudes towards the

new Moudawana are much more complex, and the implementation of the new legislation

presents a host of challenges to say the least. An examination of the Moroccan case presents an

opportunity to introduce students to the religious and historical context of Personal Status Codes

while assessing their impact on women‘s rights in Moroccan society.

In this curriculum unit students examine a variety of sources to assess the impact of

women‘s legal status in the family on their position in Moroccan society at large. The first two

lessons offer an interdisciplinary introduction to women‘s status in Morocco, challenging

students to analyze a contemporary painting (Lesson #1) and to evaluate representations of

Moroccan women in literature through an historical lens (Lesson #2). After learning about the

history of Family Law Codes in the Maghreb and in Morocco in particular (Lesson 3), students

embark upon a detailed analysis of the legal text of the reformed Moudawana introduced in 2004

to identify and evaluate the specific changes enacted (Lesson #4). This is followed by an

examination of materials used by outreach programs to ensure awareness and enforcement of

women‘s newly granted rights (Lesson #5) and a comparison of reactions to the new legislation

among different different segments of the Moroccan population (Lesson #6). The unit concludes

with a consideration of women‘s rights in the context of both Islamic law and feminist ideology

(Lesson #7), as well as a reassessment of the painting with which we began, including an

interview with the artist about women‘s rights and the Moudawana (Lesson #8).

This curriculum unit was designed for an introductory cultural anthropology class. In

terms of topical sequencing, it follows an examination of varying patterns of marriage, kinship,

and descent worldwide. Integrating an analyis of the Moudawana at this point in the course

serves to reinforce concepts from these earlier units while providing a fascinating, contemporary

case study for our examination of cultural variation in gender roles, the next unit in the course.

The lessons and homework assignments were developed for an advanced high school/university

student population, but with some modification (such as omitting Lesson #2 and replacing

Lesson #4 with a review of the summary table in the teacher‘s background notes), this unit could

be adapted for use with younger students. The lessons and materials contained within are also

relevant for various courses in history, literature, and women‘s studies.

It is my hope that students will find the topic of family law and women‘s rights as

stimulating and challenging to research as I have. Collecting the anecdotal data and materials for

this curriculum unit was a very rewarding endeavor made possible by my participation in the

2008 Fulbright-Hays Summer Seminar Abroad in Morocco, facilitated by the Moroccan

American Commission for Educational and Cultural Exchange (MACECE) in Rabat. I am

especially indebted to Meriem Fitzgerald who designed the program, ensured that I had

opportunities to meet with experts, and facilitated ongoing contact with various researchers and

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organizations in Morocco during the independent study period. While traveling as a group

during our first month together, escort Faris Casewit diligently translated the countless questions

I posed and responses received from various individuals with whom we met. Fellow Fulbright-

Hays participant and artist Claudia Michael took great care in transporting the painting used in

Lessons #1 and #8 back to the United States when I remained abroad, and offered invaluable

suggestions on how to guide student analyses of a piece of art. Dalila El Harras of the

Association de Dévelopment Local (ADL) in Chefchaouen graciously supplied the literacy

workbooks used in Lesson #5, and fellow Fulbright-Hays participant Judy Anderson loosely

translated and paraphrased various sections of the different workbooks, enabling me to create

English language summaries of their contents. I am immeasurably grateful to Sumayya Ahmed

who spent hours patiently answering my never-ending questions about all aspects of women‘s

participation in Moroccan society, conducted an extended interview over the telephone in Arabic

on my behalf, and remains a constant source of assistance and support. To all who made this

curriculum possible, shukran bezzef.

4

BACKGROUND NOTES FOR THE TEACHER

What is a Family Law Code?

A Family Law Code (also referred to as a Personal Status Code) is the collection of laws

that govern an individual‘s rights and obligations within the family, including rules that regulate

engagement, marriage, divorce, financial maintenance, inheritance, and child custody. Family

Law Codes exist in Muslim countries throughout the Middle East and North Africa (MENA),

and are derived from shari’a, or Islamic law. In Morocco the Family Code is the Moudawana,

and it reflects Morocco‘s adherence to the Maliki school of Islamic jurisprudence (Charrad,

2001). It is the only legal code in Morocco based upon religion; all other legal codes in Morocco

are based upon ―secular, civil-style codes such as you might see in Europe,‖ and this situation is

fairly common throughout the region (Bordat, 2008; for a detailed comparison of the

development of Family Law in the Maghreb see Charrad, 2001.)

The Codification and Evolution of the Moudawana in Morocco

The Moudawana was originally promulgated shortly after Morocco gained independence

from France in 1956. It initially appeared as a series of royal decrees between 1957 and 1958,

intended to unify Moroccans by subjecting all ethnic and tribal groups to the same Family Law

Code. The Moudawana in Morocco codified Maliki Islam and directed the qadi, or judge, to

seek guidance in the shari’a when confronted with ambiguous cases (Charrad, 2001). The scope

of the Moudawana, coupled with vast judicial discretionary power, translated into significant

implications for women‘s rights. Under the Moudawana, a woman was a perpetual minor under

the legal guardianship of either her father (or other male relative) or her husband. She could not

obtain a passport or be employed outside of the home without permission from her male

guardian. A woman could not enter into marriage without having her wali, or marital tutor, sign

the marriage contract on her behalf. The legal age for marriage was 18 for males but 15 for

females. Repudiation, or the unilateral divorce of a woman by the husband, could occur without

judicial oversight, without the husband having to provide a justification, and without the woman

being informed by her husband that she had been repudiated. Women could lose custody of their

children if they remarried. Given these laws, the Moudawana has been identified as a major

impediment to women achieving equal status and rights in Moroccan society (Alpert, 2007;

Bordat, 2008; Charrad, 2001; Saddiqi & Ennaji, 2006. Although minor modifications were made

to the text of the Moudawana in 1993, many assert that the effect of the law remained largely

intact and that women‘s rights were still severely circumscribed (Bordat, 2008; for a discussion

of the 1993 reforms see Maddy-Weitzman, 2006 and Saddiqi & Ennaji, 2006).

The last two decades have been marked by an increased mobilization of women‘s

organizations and heightened activism regarding issues ranging from illiteracy to economic

inequality to violence against women (Khouyya, 2001). Additionally, Morocco‘s participation in

various international conventions addressing women‘s rights necessitated reconciliation of the

Moudawana with internationally recognized universal human rights (Alpert, 2007). In 2003 a

―new‖ Moudawana was introduced by King Mohammed VI, which was approved by the

Parliament and went into effect in February of 2004. According to the King, the reformed

5

Family Law Code embodies both traditional Islamic principles and a modern understanding of

human rights for all Moroccans (HREA, The Moroccan Family Code, English translation).

Changes to Family Law in the “New” Moudawana

Unlike the minor revisions of the Family Law Code in 1993, the 2004 reforms contained

in the ―new‖ Moudawana represent a significant reformulation of the rights and obligations of

women in their conjugal lives. The following table summarizes some of the changes to the

Family Law Code which went into effect in February 2004.

Issue 1957-58 Moudawana 1 2004 Moudawana

2

Marital Age

and Consent

At 18 years of age for males, 15 for

females; judges can authorize marriage of

girls younger than 15 years of age.

Wali (marital tutor) mandated.

At age 18 for both males and

females; judges now required to

provide a written justification if

authorizing underage marriage.

Wali optional but not required.

Polygamy

Men may have up to four spouses.

Permission of the first wife not required to

take an additional wife; recommended but

not legally required that the new wife be

informed of her husband‘s first wife at the

time of marriage.

Theoretically possible for a wife to ask her

husband to commit to monogamy in the

marriage contract, but no legal mechanism

for enforcing the agreement.

Judicial authorization required to

take a second wife; husband must

have an exceptional reason for

seeking an additional wife and

prove his ability to financially

support both wives and offspring

equally. The first wife must be

present when the husband

appears before the judge to seek

authorization.

Wife can stipulate a monogamy

clause in the marriage contract.

Responsibilities

and Rights

Husband is the legal head of household

and the wife is legally required to obey the

husband. Husband is legally required to

financially support the wife.

Husband and wife are joint heads

of household; legal requirement

of obedience abolished. The

husband is still legally required to

financially support the wife.

Divorce and

Repudiation

Repudiation executed through verbal pro-

nouncement (―I repudiate thee‖), without

cause or judicial control (but notarized by

an adoul); wife‘s presence not required.

Two types of divorce available to women:

(1) divorce ―for cause‖ (five causes: harm,

financial non-maintenance, abandonment,

All previously specified forms of

divorce were retained.

Repudiation placed under judicial

oversight and wife must be

present so she knows she is being

repudiated. It remains an option

available only to males.

6

Divorce and

Repudiation

(continued)

long term imprisonment, or abstinence), or

(2) a ―negotiated repudiation‖ where the

wife pays the husband to repudiate her

(khul’ divorce).

Two new forms of divorce:

(1)mutual consent (initiated by

both spouses), and

(2) irreconcilable differences (can

be initiated by either spouse).

Filiation and

Nationality

Filiation legally conceived of as a child‘s

integration into his or her father‘s

patrilineage. Children can only acquire

Moroccan nationality through the father.

The child of a non-Moroccan

father and Moroccan mother and

can acquire his or her nationality

through the mother.

Judges can order paternity testing

to establish paternal filiation.3

Custody and

Guardianship

Sons remained with their mother until

puberty, then the father assumed custody.

Daughters remained with their mothers

until marriage, at which time they became

the legal responsibility of their husbands.

The father is always the legal tutor

(guardian), even if the mother is the

physical custodian. A mother can lose

custody of her children upon remarriage

or if she moves to a location too distant

for the father to exercise his rights as the

legal tutor.

Father is ―third in line‖ in the legally

dictated sequence for custody, after the

mother and maternal female relatives.

(The 1993 revision made the father

―second in line,‖ ahead of maternal female

relatives.)

Upon reaching fifteen years of

age children can choose either

their mother or father as

custodian.

Distinction between physical

custody and legal tutorship

remains.

A mother no longer automatically

loses custody for remarrying or

moving; the father must petition

the court within a specified

period of time to gain custody.

Marital

Property

Completely separate estates in terms of

both property/wealth brought into the

marriage and property/wealth acquired

during the marriage.

Spouses can opt to enter into a

prenuptial agreement specifying

alternative arrangements.

1. Derived from Charrad (2001) pages 31-45 and 158-168.

2. Based upon Bordat (2008) and the HREA unofficial English translation of the Moudawana. 3. Gomez-Rivas (2008); paternity tests reportedly cost over 600 USD and can only be performed in one location in

Rabat.

7

Challenges to the Implementation and Enforcement of the 2004 Moudawana

Though the reforms summarized above are clearly far-reaching, various obstacles prevent

women from exercising their newly granted rights. Efforts to promote awareness and

comprehension of the reforms among ordinary Moroccans abound but significant challenges

remain. A lack of knowledge among judicial personnel regarding the application of the new

laws, and in some cases outright resistance to complying with the reforms, threaten to undermine

the potential for widespread change. According to Stephanie Willman Bordat, Program Director

of the Global Rights Field Office in Rabat, the changes to the text of the law are not always

applied on the ground. There have been reports of adouls who verbally attack and try to

intimidate women who choose not to have a wali or inquire about inserting protective clauses

into their marriage contracts. Judges are granting the majority of polygamy petitions4 and

continue to authorize underage marriages without providing the required written justification of

their decisions. Though no official statistics have been collected to date, anecdotal data suggest

this is true regardless of the gender of the judge (Bordat, 2008). In terms of divorce, Bordat

contends that the new forms of divorce introduced by the 2004 reforms have actually hurt

women financially. Given the high standards of proof and lengthy court proceedings required to

obtain a divorce ―for cause,‖ many women are instead seeking divorces for ―irreconcilable

differences.‖ This clearly has negative financial consequences for women who would be more

favorably compensated if granted a divorce ―for cause.‖ In fact, despite the introduction of two

new forms of divorce, khul’ remains the most common form of divorce in Morocco as some

husbands choose to wait out their wives in an emotional war of attrition for their own financial

gain.

It is perhaps too early to predict the long term results of the reforms made to Morocco‘s

Family Law Code. The ―new‖ Moudawana is not yet five years old, and Moroccans have

diverse opinions about the changes as illustrated by the materials presented in the lesson plans

that follow. Rather than offering any conclusions, consider this curriculum unit an open

invitation for your students to join Moroccans in grappling with the implications of the 2004

Moudawana for women‘s rights in Morocco.

4. Conversely, a Muslim-American researcher and student at a Qu‘ran memorization insitute in Fez described a

growing frustration among Moroccans who are trying to abide by the new laws but are being denied permission to

take a second wife. The inability to obtain legal authorization to take a second wife has driven the practice

underground and resulted in the development of a substitute process based upon the idea that in the absence of

―competent Islamic scholars or a competent Islamic government‖ a marriage (or other contract) can be be

legitimized by having the agreement witnessed by ―twelve righteous people,‖ with the understanding that all parties

involved did the best they could before God under the circumstances. Thus, ―they got married with twelve

witnesses‖ is becoming an increasingly common refrain.

8

Lesson #1: THE MANY FACES OF MOROCCAN WOMEN

NOTE: This lesson is intended to be an open-ended introductory experience designed to

pique student interest in the issue of women’s status in Moroccan society. Students should

embark upon this analysis without knowing the region of the world the upcoming unit of

study will focus upon, and they should have no prior knowledge about the painting that

will be presented for analysis. The artist’s intended message will not be revealed during

this lesson; instead, the painting will be re-examined as a vehicle for summary in the

concluding lesson of the unit, and at that time the artist’s vision and intended message will

be discussed.

ESSENTIAL QUESTIONS:

1. To what extent is art a reflection of the society in which it was produced?

2. Can the status of women in the society in which this painting was produced be

ascertained?

INSTRUCTIONAL OBJECTIVES:

Students will be able to... – work cooperatively to analyze an original piece of contemporary artwork

– attempt to identify and interpret specific symbols presented in the painting

– speculate about the ideas expressed in specific ―squares‖ of the painting

– formulate preliminary conclusions about the overall message of the painting

Time Required: one 45 minute period

Materials Required: once copy per group of the photograph of the untitled painting (included)

and an overhead transparency of the painting, both with the individual squares labeled to

facilitate class discussion (see instructions below).

Teacher Preparation Prior to Lesson: Print the photograph of the painting and write labels

along the top and left borders such that each of the four squares at the top, from left to right, are

labeled ―A, B, C, D‖ and the four squares at the left, from top to bottom, are labeled ―1, 2, 3, 4.‖

(As a result, a specific square from the painting can be easily referred to—for example, ―square

B3‖—during class discussion.) Prepare sufficient photocopies of the labeled photograph for

each group as well as one overhead transparency.

Activity: Group Analysis of a Contemporary Moroccan Painting

Procedure:

1. Arrange students into groups of three or four (group size should be small so that all students

are able to participate in the conversation/analysis).

2. Distribute one copy of the labeled painting to each group along with the list of questions the

group must discuss/answer. Alternatively, the questions could be written on the board, and

9

students could be directed to refer to the board and address each of the questions within their

groups. The questions are listed in #3 below.

3. Inform students that each group will have the opportunity to analyze the same painting, and

remind them that perceptions of art are subjective and that there are no ―right‖ or ―wrong‖

opinions on the part of viewers. To facilitate their discussion and analysis, instruct students to

discuss each of the seven assigned questions:

(1) Take a few moments to examine the painting. What is your initial impression? Does

the painting evoke any particular reactions or emotions?

(2) In your opinion, what is the overall subject or theme of the painting? Why?

(3) Now consider each of the sixteen ―squares‖ individually. Is the subject matter of each

square different? What meaning(s) or message(s) do different squares seem to convey?

For ease of reference, you can refer to each square by its letter-number designation (i.e.,

“A3,” “B2,” etc.).

(4) Are there any symbols displayed in the painting? If so, identify them and see if you

can determine what they might represent.

(5) Does this piece of art function as a single painting or as 16 individual paintings?

When considered jointly, do the 16 individual ―squares‖ convey an overall message?

Explain.

(6) Speculate about the following two questions:

-- In what part of the world do you think this painting was produced? Why?

-- Is the artist who painted the piece male or female? Explain your rationale.

(7) If given the opportunity, what questions would you like to ask the artist?

4. After allowing sufficient time for the groups to analyze the painting and consider each of the

questions, project the painting on the board and proceed to the class discussion.

WHOLE CLASS DISCUSSION:

A review of each group‘s ideas and responses to the assigned questions should form the basis of

the class discussion. Questions 1-5 should be focused upon first, and when appropriate students

should refer to specific sections of the painting by using the letter-number designation of the

square being discussed so that the entire class can easily follow the conversation. Student

responses to question #6 should be incorporated into the concluding remarks (see summary

section below). Responses to question #7 should be saved for students to refer to when the

painting is reintroduced at the conclusion of this unit.

10

SUMMARY:

1. In what part of the world do you think this painting was produced? Why?

After discussion, inform the class that the painting was made in Morocco (review location on

a world map if necessary), and that we will be examining the status of women in Moroccan

society over the next two weeks.

2. Do you think the artist is male or female? Explain.

Record a tally of the number of students who think the artist is male, and the number who

believe the artist is female. (Save this data for reference when the painting is reintroduced later

in the unit.) Inform students that you will not divulge the artist’s gender yet, but at the conclusion

of our study of women’s status in Moroccan society, we will reconsider this painting and learn

more about the artist. (Instruct the students to save their answers to question #7 until this time.)

ASSIGN THE HOMEWORK FOR THE NEXT LESSON (included in Lesson #2; please see

the ―Note to the Teacher‖ in Lesson #2 before distributing the homework assignments)

11

Lesson #2: THE STATUS OF WOMEN IN HISTORICAL CONTEXT

PREPARATORY HOMEWORK (to be assigned PRIOR to the lesson): Divide the class

such that half of the students receive a copy of the book Year of the Elephant by Leila Abouzeid

(Group A), and the other half receive a copy of the book Hope and Other Dangerous Pursuits by

Laila Lalami (Group B). Instruct the students to read the assigned selections from the book they

received and to answer in writing the corresponding questions.

Group A: Read the title story, Year of the Elephant (pages 1-70), and answer the following

questions:

1. Judging from Zahra‘s experience, to what extent were women involved in Moroccan

politics and/or national history? Give specific examples to support your response.

2. What has happened to Zahra? To what does she attribute her fate?

3. How does Zahra rebuild her life? To what skills and/or people does she turn for

sustenance and support?

4. Can any conclusions be drawn about the legal rights of women from this story?

5. Read the page preceding page 1 of the novella, an excerpt from an encyclopedia. What is

the significance of The Year of the Elephant in Islamic history? What is its significance

as the title of this novella?

Group B: Read the stories ―The Fanatic‖ (pages 20-51) and ―The Odalisque‖ (pages 127-145) in

Hope and Other Dangerous Pursuits and answer the following questions:

1. What is the implied connection between Noura‘s ―emotional state‖ (page 24) and her

selection of Faten as her ―new friend‖?

2. How do Noura‘s parents initially respond to Noura‘s friendship with Faten? Do either of

their opinions change over time? Explain.

3. How does Noura describe the reasons for wearing a hijab? How, specifically, do her

mother and father respond to her decision and to her explanations?

4. Contrast Faten‘s view about Moroccans studying abroad with Noura‘s father‘s view.

5. What becomes of Faten by the end of the two stories? How do the events that occurred

throughout the stories lead to this development?

Note to the Teacher: It is recommended that Lessons 1 and 2 be timed such that students have

several days (such as a weekend or short recess) in between to complete this assignment as it

does require a significant amount of reading. This homework assignment cannot be assigned in

advance without compromising objectivity during the painting analysis activity; students will

quickly guess the painting was produced in Morocco if they are already reading their assigned

literature selections. If distancing lessons 1 and 2 is not possible, the amount of reading can be

reduced and the assigned questions and class discussion adjusted accordingly. In this case, from

Year of the Elephant by Leila Abouzeid, assign: Chapter 1 (pages 1-11); pages 19-20 in Chapter

2 (from the description of Casablanca); Chapter 3 (pages 22-40); and the lower half of page 54.

From Hope and Other Dangerous Pursuits by Laila Lalami, assign only ―The Fanatic.‖

12

Alternatively, this topic can be postponed and reformulated as a final assessment activity, by

assigning both books to each student and collecting an analytical essay that relates the literature

to the other lessons in this unit. In that case, it is recommended that the teacher incorporate the

historical timeline accompanying this lesson into Lesson #3 and review it briefly with the class.


1. In what ways have expectations about women‘s status and roles in Moroccan society

changed over time?

2. To what extent do such changes reflect historical developments in Morocco?


Students will be able to... – summarize and recount the plot of a literature selection to another student

– compare and contrast challenges women face in two different literature selections

– work collaboratively to create a speculative timeline illustrating changes in women‘s

status during Morocco‘s modern history

– compare their speculative timelines to an actual timeline highlighting select events in

Moroccan history

– draw conclusions regarding the extent to which women‘s status in Morocco reflects

historical developments


Materials Required: Sufficient copies of the two books (either by purchasing class sets for

distribution or putting copies on reserve in the school and local libraries); timeline of select

events in Morocco‘s history (included at the end of the lesson).

Teacher Preparation Prior to Lesson: Prepare sufficient copies of the timeline (one per every

two students working together in pairs).

Activity: Review of Women’s Changing Status as Reflected in Moroccan Literature

Procedure:

1. Arrange students into pairs such that each pair includes one student who read Year of the

Elephant and one student who read the stories in Hope and Other Dangerous Pursuits.

2. Instruct the students to take 10 minutes each to briefly present the overall plot of their

assigned reading selections, beginning with the student who read Year of the Elephant.

Remind students to not simply summarize the plot, but to also describe the main

characters and discuss the issues addressed by their assigned homework questions.

3. Instruct each pair to consider the ideas and themes expressed in both pieces of literature,

and to then create a general outline that reflects how expectations of women and their

participation in public life have varied throughout Morocco‘s history.

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SUMMARY (Whole Class Discussion):

1. Elicit from various pairs of students the different ―phases‖ of women‘s public personas

and activities they identified and construct a chronologically-oriented general outline on

the board. (The outline should include the isolation of women in the home, their role in

the domestic sphere, participation in the resistance during the colonial period,

expectations of ―modern women‖ following independence, women‘s access to formal

education and entry into prestigious professions, and the varied positions of women

today, including both ―modern women‖ and the resurgence of ―traditional values‖ among

many female youth, as reflected by the events related in the literature selections).

2. Distribute the actual timelines of select events in Morocco‘s history to the pairs of

students and instruct them to compare it to the outline created based upon the stories they

read. To what extent has Morocco‘s history shaped societal expectations of women?

Gender roles in general?

3. Judging from these stories, what factors, other than gender, affect a woman‘s position in

Moroccan society?

4. Judging from these stories, to what extent do Moroccan women operate freely in the

private (domestic) sphere? In the public sphere? Explain.

ASSIGN THE HOMEWORK FOR THE NEXT LESSON (included in Lesson #3) and

inform the class that we will now turn our attention to the laws that govern the position of

Moroccan women within the family.

14

SELECT EVENTS IN MOROCCAN HISTORY, 1912-2001*

March 30, 1912 the Treaty of Fez made Morocco a French Protectorate

January 11, 1944 members of the nationalist movement signed the Independence

Manifesto, a petition requesting that France withdraw from

Moroccan territory; Malika al-Fâsî was the lone female signatory

March 2, 1956 Moroccan independence achieved

1957-1958 Moroccan Code of Personal Status (the Moudawana, also referred

to as the Family Code) was developed by religious authorities and

the Ministry of Justice, based upon the Maliki school of law

1963 Moroccan women gain the right to vote

1991-1992 campaign to collect one million signatures on a petition to King

Hassan II to change the Code of Personal Status

September 4, 1992 the Moroccan Constitution was revised and now included an

explicitly stated commitment to realizing universally recognized

human rights for all Moroccan citizens

1993 Morocco ratified CEDAW (Convention on the Elimination of all

forms of Discrimination Against Women)

1993 minor revisions made to the Code of Personal Status; the effect of

the original legislation remained largely intact

1999 the National Plan for Women‘s Integration in Development was

jointly introduced by representatives of various women‘s

organizations and the State Secretary of Family Affairs

July 23, 1999 King Hassan II died; his son King Mohammed VI ascended to the

throne

March 12, 2000 in Rabat 40-50,000 people marched in favor of the government-

sponsored National Plan for Women‘s Integration in Development;

in Casablanca three times as many people conducted a march ―in

defense of the Moroccan family‖ sponsored by Islamist groups to

oppose the plan

2001 King Mohammed VI formed a committee (including religious

scholars and women) to review the Moudawana

*Derived from Alpert (2007) and Maddy-Weitzman (2006)

15

Lesson #3: INTRODUCTION TO FAMILY LAW IN MOROCCO

PREPARATORY HOMEWORK (to be assigned PRIOR to lesson): Instruct students to read

the article ―The Women‘s Movement in the Maghreb: with emphasis on Tunisia, Morocco and

Algeria‖ by Rabea Naciri, pages 20-28 in Al-Raida magazine (available on-line at

http://www.iiav.nl/ezines/email/AlRaida/2003/No100.pdf) and address the following items in

writing:

1. Define Maghreb, Shari’a, and Personal Status Code.

2. What is the basis of Personal Status Codes (also refered to as Family Law)? How

does this differ from other types of legal codes in Morocco?

3. Based upon the information provided in the article, create a list of the regulations that

apply to women. How might each provision you listed impact women‘s status?

4. Is the existence of a Personal Status Code in Morocco unique? Explain.

5. Has the position of Moroccan women changed from the time period immediately

following independence to the present? Support your answer with specific examples.

6. Is your response to #5 reflected in the literature selections we analyzed? Explain.


1. What are the historical roots and current functions of Personal Status Codes?

2. How did provisions of the Moudawana prior to the reforms of 2004 affect the position

of women relative to men in Moroccan society?


Students will be able to... – examine the historical roots of Personal Status Codes in the Maghreb

– contextualize the Moroccan case with reference to other countries in the region

– identify specific provisions of the Moudawana prior to the 2004 reforms

– assess the impact of such provisions on women‘s status in Moroccan society

Time Required: one to two 45 minute periods (depending upon depth of class discussion)

Materials Required: photograph of the marriage and divorce contracts (included)

Teacher Preparation Prior to Lesson: review the ―Backgound Notes for the Teacher‖ and

prepare an overhead transparency to display the photograph of the marriage and divorce

contracts.

WHOLE CLASS DISCUSSION: A review of the homework reading/questions should form

the basis of the class discussion, focusing upon (a) the historical context and basis of Personal

Status Codes in the Arab world, and (b) the implications of specific provisions of the ―old‖

Moudawana (first promulgated immediately following independence and superficially modified

in 1993) for women. It is recommended that this be accomplished in the following manner:

1. Project the image of the two contracts and ask students to guess which is the marriage

contract and which is the divorce contract, and to explain their reasoning. (The one on

http://www.iiav.nl/ezines/email/AlRaida/2003/No100.pdf

16

the left is the divorce contract; ask students to speculate regarding why the marriage

contract is longer than the divorce contract.)

2. Briefly review student responses to questions 1, 2, and 4 from the previous homework

assignment (see above) to establish the historical and cultural context.

3. Create an outline on the board detailing specific provisions of the original Moudawana

with their corresponding implications for women‘s status in Moroccan society. Examples

of specific provisions should be elicited from the entire class (based upon student

responses to homework question #3). As examples are added to the outline, clarify the

meaning of each provision.

4. Augment the board notes if student responses are not exhaustive. The outline should

identify provisions regarding:

minimum age for marriage

necessity of a marital tutor, or wali

legal requirement of obedience and position of the male as the head of household

polygamy

repudiation

women‘s unequal ability to initiate divorce

custodianship vs. guardianship

Medial Summary Questions:

1. Reflecting upon this outline, should we be having a conversation about women‘s rights,

cultural relativity, or both? Explain.

2. If we frame this conversation in terms of women‘s rights, which provisions of the

Moudawana do you feel present the greatest obstacle to women achieving equality?

LOOKING AHEAD:

Inform the class that in point of fact a ―new‖ Moudawana went into effect in February

2004, which they will have the opportunity to examine beginning tonight and continuing over the

next few days. Read aloud this excerpt from the Preamble of the February 5, 2004 Moudawana:

King Mohamed VI, may God glorify him, has, since acceding to the throne and assuming the

great responsibility of ruling over the Believers, followed the path of wisdom and insight to

realize such a noble objective, and to this end appointed an advisory Royal Commission

constituted of the finest experts and religious scholars, men and women from a diversity of

profiles and fields, to conduct a fundamental review of the Personal Status Code. His Majesty,

may God cherish him, provided the Commission with his constant enlightened guidance and

advice in order to prepare a new Family Code bill, and insisted upon their fidelity to the

provisions of Sharia (religious law) and Islamic principles of tolerance, and encouraged the use

of ijtihad (juridical reasoning) to deduce laws and precepts, while taking into consideration the

17

spirit of our modern era and the imperatives of development, in accordance with the Kingdom’s

commitment to internationally recognized human rights.

excerpted from www.hrea.org/moudawana.html

FINAL SUMMARY:

1. According to this excerpt, upon what standards is the ―new‖ Family Code based?

2. In light of this statement, what changes do you predict will be stipulated in the ―new‖

Moudawana?

ASSIGN THE HOMEWORK FOR THE NEXT LESSON (included in Lesson #4; distribute

the eight different assignments as per the description in Lesson #4 to insure adequate coverage of

the precepts of the 2004 Moudawana) and inform the class that we will examine changes in the

Family Law Code next.

http://www.hrea.org/moudawana.html

18

Lesson #4: PROVISIONS OF THE 2004 MOUDAWANA

PREPARATORY HOMEWORK (to be assigned PRIOR to lesson): Assign the eight

different excerpts from the 2004 Moudawana and their corresponding questions by row (only

one theme per student, so that a roughly equal number of students in the class receive the same

reading assignment/questions, and such that two adjacent rows of seats include all eight themes).

Instruct students to read the assigned articles and answer the questions that follow. Homework

assignment sheets follow the lesson plan; see “Teacher Preparation Prior to Lesson” below.


1. What specific changes were made to the Moroccan Family Code by the 2004 reforms?

2. How does the ―new‖ Moudawana impact women‘s rights?


Students will be able to... – extract information from excerpts of the Moudawana (Moroccan Family Code)

– analyze the provisions in the context of anthropological concepts previously learned

– verbally explain the legal provisions they previously read for homework to their peers

– take notes when other group members present information about different themes

Time Required: two 45 minute periods (themes 1-5 on day 1; 6-8 and class discussion day 2)

Materials Required: copies of the individualized homework assignments (included), access to

an English translation of the February 5, 2004 Moudawana (available on-line at

www.hrea.org/moudawana.html) and one note-taking chart (included) per student.

Teacher Preparation Prior to Lesson: AT LEAST ONE NIGHT BEFORE THIS ACTIVITY

copy and distribute the eight individualized homework assignments (included at the end of the

lesson) focusing upon the themes identified below:

Excerpt Theme Articles from the 2004 Moudawana

A Contracting the Marriage Articles 4-13, 18-21, 24-25

B The Dowry and Property Articles 9, 26-34, 49, 107-110

C Polygamy Restrictions Articles 4, 35-46, 51

D Repudiation Articles 70-73, 78-93

E Divorce Articles 71, 72, 94, 98-112

F Filiation and Paternity Articles 54, 55, 142-162

G Custody and Guardianship Articles 163-166, 169, 171-175, 178, 180,

181, 229-231, 236-238

H Financial Maintenance Articles 49, 187-205

Instruct students to read their assigned excerpts from the Moudawana and to answer the

accompanying questions in writing. Prepare sufficient copies of the note-taking chart for each

student.


19

Activity: Panel Discussion of the provisions of the 2004 Moudawana

Procedure:

1. Have every two rows of students face each other to form groups of eight (each ―panel‖ must

have students representing each of the eight excerpts; adjust group composition if necessary).

2. Distribute one copy of the note-taking worksheet to each student. Remind students that each of

their different assigned readings are excerpts of provisions from the same piece of legislation.

3. Inform students that each panel member will have to explain the main points of the provisions

they examined for homework to the other seven members of the panel.

4. Every student must take notes on the worksheet to record the information presented by each of

the other seven panelists (review the worksheet with the class). Remind students that they can

(and should) ask each presenter questions as they work. (Each student can transfer the notes

about their own excerpt from their homework after all presentations are completed.) All eight

excerpts must be presented.


1. What aspects of life are regulated by the Moudawana?

2. Are anthropological notions of marriage, family, and kinship illustrated by the provisions

articulated in the Moudawana? Are the definitions of marriage and polygamy employed in the

Moudawana congruent with those used by anthropologists?

3. To what extent are beliefs about gender roles reflected in the Family Code? Are there some

spheres in which gender role distinctions are more apparent than in others?

4. In your opinion, which changes made by the 2004 Moudawana are most significant? Why?

LOOKING AHEAD:

What obstacles might exist that could hinder the implementation of these changes?


inform the students that they will have an opportunity to review materials related to public

awareness efforts and implementation during our next class.

20

PANEL DISCUSSION NOTES

EXCERPT NAME OF THEME INFORMATION

PRESENTER DISCUSSED PRESENTED

A Contracting the Marriage

B The Dowry and Property

C Polygamy Restrictions

D Repudiation

E Divorce

F Filiation and Paternity

G Custody and Guardianship

H Financial Maintenance

21

INDIVIDUALIZED THEMATIC HOMEWORK ASSIGNMENTS

(to be completed by students PRIOR to Lesson #4: Panel Discussion Activity)

Preparation/Distribution: After making sufficient copies for the class, separate the individual

homework assignments. Distribute them by row, one theme per student, such that two adjacent

rows of seats include all eight themes and a roughly equal number of students receive the same

reading assignment/questions. Instruct the students to read ALL of the assigned articles in their

entirety before attempting to answer the questions.

Excerpt A: Contracting the Marriage

Read Articles 4-13, 18-21, and 24-25 from the Human Rights Education Associates English

translation of the February 5, 2004 Moudawana (Moroccan Family Code), available on-line at

www.hrea.org/moudawana.html and answer the following questions in writing:

1. How does this definition of marriage compare to the ―standard‖ anthropological definition of

marriage?

2. What are the age requirements for one to marry? Are these requirements inflexible?

3. What do Articles 24 and 25 stipulate, and why is this significant?

4. What are the most significant changes compared to the previous Family Law Code?

Excerpt B: The Dowry and Property

Read Articles 9, 26-34, 49, and 107-110 from the Human Rights Education Associates English


www.hrea.org/moudawana.html and answer the following questions:

1. How does this definition of the dowry compare to the ―standard‖ anthropological definition of

a dowry? What would an anthropologist call the dowry described in the Moudawana?

2. What is the function of the dowry?

3. What types of situations affect the payment of the dowry?

4. How is other property assigned to (or divided between) each spouse?



22

Excerpt C: Polygamy Restrictions

Read Articles 4, 35-46, and 51 from the Human Rights Education Associates English translation

of the February 5, 2004 Moudawana (Moroccan Family Code), available on-line at


1. How does this definition of polygamy compare to the ―standard‖ anthropological definition of

polygamy? What would an anthropologist call the practice described in Articles 40-43?

2. Under what circumstances is polygamy permitted? What steps must be taken to achieve this?

3. Identify rules of endogamy and/or exogamy in operation. Is consanguineal kinship the only

factor?

4. What are the most significant changes compared to the previous Family Law Code?

Excerpt D: Repudiation

Read Articles 70-73 and 78-93 from the Human Rights Education Associates English translation



1. By what means can a marriage be dissolved? Define each possibility, don’t just list terms!

2. In what specific ways has the 2004 Moudawana changed the practice of repudiation?

3. What are the implications of Article 93, particularly for women?

4. In your estimation, is khol’ more advantageous or harmful to a woman‘s position? Explain

your reasoning.

Excerpt E: Divorce

Read Articles 71, 72, 94, and 98-112 from the Human Rights Education Associates English



1. By what means can a marriage be dissolved? Define each possibility, don’t just list terms!

2. For what reasons can a woman initiate divorce proceedings? Explain each possibility, don’t

just list terms!

3. Is the role of the court limited to awarding the divorce or does it have other responsibilities as

part of the process? Explain.




23

Excerpt F: Filiation and Paternity

Read Articles 54, 55, and 142-162 from the Human Rights Education Associates English



1. Define filiation. What is the anthropological significance of this concept?

2. What are the effects of legitimate paternal filiation for the child?

3. When considered jointly, what are the implications of Articles 146 and 148?

4. What method(s) of establishing paternity are noted in these provisions?

Excerpt G: Custody and Guardianship

Read Articles 163-166, 169, 171-175, 178, 180, 181, 229-231, and 236-238 from the Human

Rights Education Associates English translation of the February 5, 2004 Moudawana (Moroccan

Family Code), available on-line at www.hrea.org/moudawana.html and answer the following

questions:

1. What is the order of priority in assigning custody of children?

2. Does having custody of children imply legal guardianship? Explain.

3. What restrictions are placed upon female custodians? Why do you think this is the case?

4. Explain the difference between a legal tutor and a custodian.

Excerpt H: Financial Maintenance

Read Articles 49 and 187-205 from the Human Rights Education Associates English translation



1. What rules govern the ownership of marital property?

2. What factors are taken into consideration in the absence of an agreement on the division of

property? How might this situation affect women?

3. To whom is maintenance due?

4. What factors do the courts considering when awarding maintenance sums?




24

Lesson #5: OUTREACH AND PUBLIC AWARENESS PROGRAMS

PREPARATORY HOMEWORK (to be completed PRIOR to lesson): Read The Challenge

of Implementing Morocco’s New Personal Status Law by Stephanie Willman Bordat and Saida

Kouzzi of Global Rights (available on-line at http://www.globalrights.org/site/

DocServer?docID=663) and answer the following items:

1. Identify at least five potential obstacles to the implementation of the provisions stated in the

Moudawana according to the article.

2. In your opinion, which obstacle(s) is/are the most crucial to overcome? Why?

3.What actions would you propose be taken to overcome the impediments you identified? How,

specifically, would the outcome of your proposed actions address the problem(s)?


1. What efforts have been made to ensure that Moroccans, especially women, are aware

of changes made to the Family Code?

2. What obstacles to the implementation of the 2004 Moudawana remain?


Students will be able to... – identify obstacles to the implementation of the 2004 Moudawana

– work cooperatively to create a prioritized list of the changes that women need to be

informed of to exercise the rights granted by the reformed provisions

– examine materials used in public awareness programs in Morocco and assess the

extent to which they address the group‘s prioritized list of provisions

– identify obstacles to the implementation of the reformed Moudawana that remain

despite public outreach endeavors

Time Required: two 45 minute periods (Day 1— Tasks A and B; Day 2—Task C )

Materials Required: Women Draw the New Moudawana Poster (available on-line at

http://www.globalrights.org/site/DocServer/MoudawnaPosterDes_English.pdf?docID=1664) and

photograph of the actual New Moudawana Poster (included); photographs, content summaries,

and translated excerpts from the literacy workbooks (included); Moroccan Judges Address the

New Family Code and Women’s Human Rights (available on-line at http://hrea.org/Rabat-

training-Sep05.html).

Teacher Preparation Prior to Lesson: ―double-side‖ the literacy workbook materials such that

the cover photograph is on one side of the page and the content description is on the other; do the

same for the New Moudawana Poster, such that the translated poster text from Women Draw the

New Moudawana Poster appears on the reverse side of the poster. Prepare sufficent copies of all

materials and assemble one envelope per group, with each envelope containing one copy of each

of the items listed above.

http://www.globalrights.org/site/%20DocServer?docID=663



http://www.globalrights.org/site/DocServer/MoudawnaPosterDes_English.pdf?docID=1664

http://hrea.org/Rabat-training-Sep05.html


25

Activity: Analysis of materials designed to facilitate public awareness and implementation

of the 2004 Moudawana.

Day 1 Procedure: Arrange students into small groups and instruct each group to complete the

following tasks:

A. Compare your responses to item #2 from the previous homework assignment.

B. Based upon your responses, your group must develop a prioritized list (from most

important to least important) of the legal changes women need to be informed of in order

to assert the rights granted to them by the reformed provisions.

SUMMARY: After Tasks A and B are completed have each group present their list of priorities

to the class. Open the floor to discussion of similarities/differences observed in their priorities.

Day 2 Procedure: Instruct students to return to their groups and distribute the envelope

containing a copy of each of the aforementioned resources to each group for analysis. Inform the

class that the items in their envelopes are different resources currently being used in public

awareness campaigns and education programs throughout Morocco.

C. Review each of the items in the envelope, and discuss the following questions. Be

prepared to share your responses/opinions with the entire class.

1. Judging from these diverse materials, what strategies are being employed to

increase public awareness about changes to the Moudawana?

2. Which specific changes to the Moudawana do these materials address? Are some

changes emphasized more than others? If so, which ones?

3. To what extent does the focus each of these resources match the list of priorities

your group developed? Evaluate the degree of agreement, or possible reasons to

account for a lack of agreement, between your list of priorities and the emphasis

of the actual resources.

4. Do these resources seem to target a particular segment of the population or all

Moroccans? Explain your response.

5. Which of the strategies represented by these resources do you feel can be the most

effective? Least effective? Explain your rationale.

26

6. What obstacles to the implementation of the reformed Moudawana do you believe

remain, despite public outreach endeavors? In your estimation, what actions

would need to be taken to address those remaining obstacles?

SUMMARY: Review student responses to the six questions assigned to each group. (This can

be accomplished either by having each group report their responses to each of the questions in

turn or in a traditional whole-group discussion format, at the teacher‘s discretion.)

LOOKING AHEAD: (Pose the following question to the class.)

We have spent a great deal of time investigating changes to the Moudawana, initiatives

designed to increase public awareness about the reforms, and even a training program to foster

proper implementation at the judicial level. Yet for all this detailed analysis, there remains a

crucial ―piece of the puzzle‖ we have not yet considered. To what issue do you think I am

referring? [What Moroccans think about the changes to the Moudawana!]


inform the class that we will now turn our attention to the sentiments expressed by Moroccans

regarding the changes to the Moudawana.

27

Guide to the Contents of the Arabic Literacy Workbook Entitled

FAMILY JUDGE: MY RIGHTS AND OBLIGATIONS IN MY FAMILY (cover artwork shows a family meeting with a female social worker seated behind a desk,

and a line of unhappy/arguing families waiting for their turn to speak with the social worker)

Subheading Page Title

Section 1 Page 1 The Issue [regarding marriage]

Section 2 Page 7 At the Judge

Section 3 Page 10 Nadia the Rachida*

Section 4 Page 19 Rights of the Married Couple

Section 5 Page 22 Heavy/Momentous Pregnancy

Section 6 Page 25 The Fed-Up Lovers

Section 7 The Apex of Severe Trials [when problems come to a head]

Section 8 Page 35 The Surprise [regarding marriage abroad]

*perhaps a professional title; “Rachida” is derived from the same root as “Murshidat,” the professional title of

Morocco’s government-trained and certified female religious guides. It could also convey the legal notion of being

of “sound and mature mind.”

28


WOMEN’S RIGHTS (mother, father, and daughter seated on a couch in front of a television;

mother and daughter jumping in glee)

PART I: Women and Basic Principles of Human Rights

Page Subheading Title/Content

Pages 1-3 Inside Cover/ Table of Contents

Page 4 Understanding of Equality

Page 9 Understanding of Dignity

Page 11 Understanding of Freedom of Expression

PART II: The Women in the Moudawana


Page 13 Establishment of Principles of Equality between the Man and the Woman

Page 17 The State/Government as a Legal Right of Women

Page 19 Equality and the Age of Marriage

Page 22 Establishment of Principles of Justice; Marital Property

Page 24 Plurality of Wives

Page 27 Repudiation is for a Cause

29


MOUDAWANA OF THE FAMILY (burgundy cover with Arabic script in gold)


Pages 1-4 Inside Cover/ Preface

Page 5 Engagement

Page 7 Right of the Kinship/Lineage of the Child of the Engaged Couple

Page 10 Marriage Age is 18

Page 13 Marriage Abroad

Page 17 Plurality of Wives: The Legal Limitations (lit. ―The Curbing of Things‖)

Page 25 Divorce

Divorce for Irreconcilable Differences (lit.―The Person Who Is Angry‖)

Page 32 Request for Repudiation: Absences

Page 34 Request for Repudiation: Lack of Expenditures

Page 39 Family [Community] Property

Page 43 Nursing [Breastfeeding]

Page 47 Inheritance of Grandchildren on the Side of the Mother

30

Loosely translated and paraphrased excerpt from Moudawana of the Family:

page 17—Plurality of Wives

Mrs. Amina lives an ordinary life with her husband and their 3 children. She is a

housewife who spends her day between housework and raising the children. She is likewise

distinguished as a good wife who takes care of her responsibilities and helps her husband. She

was every day sitting with her brother‘s daughter embroidering tablecloths and selling them in

order to take care of the additional needs of her children. While the two are working and talking,

all of a sudden the sister of Amina knocks on the door with great force and enters quickly in

order to inform her that today she has become certain that her [Amina‘s] husband is ready to

marry a second wife and that she has ample proof of this. Amina didn‘t doubt the words of her

sister and began screaming in a loud voice. She went to look for her galibeya to go out of the

house and towards the place where her husband was at his car near the souk. Amina‘s sister and

the daughter of Amina‘s brother grabbed her and asked her to not be upset. While in this

condition they heard a knock at the door. Amina said to her sister ―If it‘s him, I‘ll deal with it.‖

Amina‘s sister grabbed her forcefully while her brother‘s daughter hurried to open the door.

She found her female neighbor who greeted her and asked about the things she is

embroidering. The female neighbor entered and found Amina holding her head in her hands, and

she understood from Amina‘s sister that the husband of Amina was going to get married [take a

second wife] without cause. Amina calmed down afterwards and the neighbor informed her that

the marriage to more than one woman has become in the new Moudawana tied to many legal

conditions like the establishment of necessity of a number of actual justifications such as

sickness or barrenness, where the court is the one who gives the permission for more than one

wife if it‘s established that the presence of the conditions [the necessary conditions are present]

and the possibility of the husband likewise are upon the distribution of the justice and equality

between the first wife and her children and the second wife in every aspect of life [and that the

husband will be able to treat all of his wives and offspring equally]. Therefore, don‘t be afraid,

the matter is in the hands of the court and your husband doesn‘t have the power or the means to

maintain two houses and two wives. She calmed down on the speaking of her neighbor and said

it‘s in God‘s hands.

31

Loosely translated and paraphrased excerpt of a dialogue from Women’s Rights:

page 27—Repudiation

Amina is having trouble with her husband and because of this she went to the counseling center

(lit. center for listening). She had an appointment to meet with the female Social Worker. She

requested to talk about her problem.

AMINA—―My husband is abandoning me and my children without money. Is it possible for me

to request a divorce?‖

SOCIAL WORKER—―Divorce is the cancellation of the marriage contract that the husband and

the wife carried out according to the conditions and under the supervision of the judge. The

judge will not agree except after making an attempt at reconciliation.‖

AMINA—―If the attempt at reconciliation fails and my husband refuses to grant me a divorce,

what do I do?‖

SOCIAL WORKER—―If the reconciliation fails between the two of you, then the appointment

of two mediators/officials will be completed in order to witness that and bring it up to the court

in order to establish the matter of the ending of the marital relationship between the two of you.

The judge will rule in the divorce with respect to the responsibility of each one of you.‖

AMINA—―What are the causes which it‘s possible to present [reasons that must be established]

to request the divorce or repudiation?‖

SOCIAL WORKER—―These reasons are as they come [as stated] in the Moudawana: lack of

financial support (lit. spending expenses), absence, sin, abandonment, abstinence, (lit.

―annulment of a marriage after the husband‘s sworn testimony to have refrained from marital

intercourse for a period of at least four months‖), and harm.

AMINA—―I don‘t know/understand the establishment/undertaking of the legal steps for

divorce.‖

SOCIAL WORKER—―Don‘t worry. We will get you a lawyer who will help you out. We hope

that the reconciliation will succeed between the two of you and you two will remember you are

family and you will continue living together in happiness and permanency/stability.‖

AMINA—―I agree to your help and thank you for the important facts you have given to me

which I didn‘t know.‖

SOCIAL WORKER—―It‘s possible for you to return tomorrow morning to meet with the female

lawyer who will listen to you and start a file for you.‖

AMINA—―Goodbye, I will return tomorrow for the appointment.‖

32

Lesson #6: PUBLIC SENTIMENT REGARDING THE 2004 MOUDAWANA

PREPARATORY HOMEWORK (to be completed PRIOR to lesson): Read ―Divisions

Over Women‘s Family and Social Rights‖ (pages 23-29) in Women’s Freedom in Focus:

Morocco, the results from a 2004 Freedom House study with focus groups of Moroccan women

(available on-line at http://www.freedomhouse.org/uploads/special_report/32.pdf) and answer

the following questions:

1. Which changes to the Moudawana were generally met with positive reactions? Which changes

were generally met with negative reactions?

2. Based upon the quotes and accompanying demographic information provided from each focus

group respondent, can you detect any patterns in the responses with regard to variables such as

gender, age, residential location, and/or marital status?

3. When respondents opposed specific changes, what reasons did they invoke to justify their

opposition?

4. Did any of the responses elicited from focus group participants surprise you? Explain.


1. What sentiments have Moroccans expressed about the changes in the 2004 Moudawana?

2. To what extent do Moroccans believe the 2004 Moudawana is being enforced?


Students will be able to...

– describe the variety of reactions among Moroccans to the changes made by the 2004

Moudawana

– identify different reasons Moroccans oppose particular changes

– examine quotes excerpted from interviews and other sources gathered during the

summer of 2008 and compare them to sentiments expressed in 2004


Materials Required: selction of quotes excerpted from conversations, interviews, and other

sources (included).

Teacher Preparation Prior to Lesson: prepare one copy of the document with selected quotes

for each student.

WHOLE CLASS DISCUSSION: It is recommended that the class discussion incorporate the

reading/questions addressed for homework, and that it proceed in the following manner:

1. Elicit student responses to question #4 to open the discussion with a consideration of

(previously unstated) student expectations/reactions.

http://www.freedomhouse.org/uploads/special_report/32.pdf

33

2. Next review student responses to question #1; create a ―T-chart‖ on the board to illustrate

the positive/negative reception dichotomy.

3. Distribute the selection of quotes gathered in 2008 (one copy per student) and instruct

students to take five minutes to read the entire document.

4. Ask students to compare the sentiments expressed in these excerpts (from 2008) with the

sentiments expressed in 2004 by members of the Freedom House focus groups. Students

should be encouraged to specifically consider the 2008 statements in light of their response

to question #2 from the previous homework. Students should be required to cite specific

examples from the 2004 and 2008 excerpts to support their conclusions.

5. Remind students that the 2004 interviews were conducted just before the ―new‖

Moudawana actually went into effect, and that the excerpts they read in class today were

collected four-and-a-half years later. Have Moroccan‘s concerns about implementation of

the Moudawana changed? Based upon the 2008 excerpts, can any conclusions be drawn

about the enforcement of specific provisions of the Moudawana?

SUMMARY: Taking into consideration both the sentiments of a cross-section of Moroccans

and the current state of enforcement of the Moudawana, let‘s revisit yesterday‘s conversation.

Has your view of the challenges that still need to be addressed changed? Encourage students to

specifically consider the desired target audience(s) of education, outreach, and training

programs, regarding both public awareness and implementation.

LOOKING AHEAD: How would you describe the relative importance of (1)religion and

(2)gender in determining how one views the reforms to the Moudawana?


inform the class that tomorrow we will consider the ways in which feminist and religious

ideologies coexist.

34

EXCERPTS FROM INTERVIEWS AND LECTURES, SUMMER 2008

I. Sentiments of Moroccans and Researchers Currently Working in Morocco

―It [the Moudawana] is good. It is not enough. But you have to change the mentality.‖ Married male Professor of Literature at a university in Fez

_____________________________________________________________________________________________

―Truthfully, honestly, the Moudawana would have an effect for a woman in the city, not in the

village. The city women will actually understand it. Even a country man wouldn‘t understand the

Moudawana. The woman in the country will know whatever the man will want her to know

about it. The real thing that would help the rural woman is not something like the Moudawana, it

would be economic. Economic reforms would help the rural woman because when women have

no economic resources they accept the practices of men.‖ Married rural male, aged mid-fifties, school teacher

_____________________________________________________________________________________________

―The spirit of the Moudawana, of course, is Islamic law, that‘s the spirit of it and the base of it.

It is based on opinions of religious scholars… there are women who are ignorant about the new

law and such and so they do come with questions.‖ Married Murshidat (government-trained female religious guide, graduated class of 2006), Rabat

_____________________________________________________________________________________________

―A lot of people… don‘t agree with it… I‘ve heard… people saying ‗oh, that‘s the man‘s new

law but we have God‘s law.‘…one woman told me, ‗It‘s just ink on paper.‘‖ Muslim-American female researcher and student at a Qur‘an memorization institute in Fez

_____________________________________________________________________________________________

―I‘ve talked a lot to religious scholars about it [the Moudawana] and most of them are pretty

against it and they speak openly against it in the only way you can do it in Morocco…[which is

by speaking about] what traditional Islam [says about] women and their rights.‖ Muslim-American female researcher and student at a Qur‘an memorization institute in Fez

_____________________________________________________________________________________________

―The new family law actually created separate family courts… The adouls [public notaries, civil

servants of a religious character] used to be the people who legally were in charge of drawing up

every single legal document relating to marriage, divorce, inheritance, marital property,

everything…the adouls used to have a lot of power that way, and with every single legal reform

they‘ve had their power taken away from them, and…basically they‘ve been reduced to being

rubber stampers on paper, where before they used to be in charge of all this stuff, and they‘re

also quite conservative…so they were not really happy with the family law reforms, both for

ideological reasons as well as for their own political power reasons.‖ Stephanie Willman Bordat, Program Director, Global Rights Field Office, Rabat

presentation delivered at MACECE in Rabat on July 2, 2008

_____________________________________________________________________________________________

―I think there are some things that are good about the Moudawana and some things that are bad

about the Moudawana.‖ Single male language teacher / PhD candidate, late 20s, Meknes

35

II. Issues Relating to the Implementation, Application, and Enforcement of the Moudawana

―My father was a lawyer who handled many divorce cases of women whose husbands were in

Europe and the divorce cases would drag on for 14 years. My divorce was accomplished in 4

months even though my husband was in the United States because of the [new] Moudawana.‖ High-ranking married female assistant to the first female Mayor elected in Morocco

_____________________________________________________________________________________________

―I think people are just getting used to the Moudawana and trying to understand how exactly to

work around it…especially the polygamy clause.‖ Muslim-American female researcher and student at a Qur‘an memorization institute in Fez

_____________________________________________________________________________________________

―With regard to the implementation of the new Family Code in rural areas…old attitudes died

hard. For example, even though the mimimum age of marriage was 18, many people considered

a girl of 15 or 16 to be old enough to marry. In order to get around the law, many couples were

married in a simple religious ceremony; only when the girl became pregnant was the judge asked

to validate the wedding.‖ Morocco Summary Report to CEDAW, January 24, 2008

______________________________________________________________________________

―Judges, when they‘re applying the family law, have HUGE discretion and power to interpret

and apply the law based on their own reasoning and interpretation of the law under religious

precepts. So in other courts in Morocco under other laws, judges actually don‘t have as much

power to interpret the law or to apply the law in the way that they think it should be applied, like

we might think of the role of judges [as] very active in the [United] States, normally that doesn‘t

happen in Morocco, judges are very limited in what they can do except with the family law.

With the family law judges have HUGE power and discretion to apply the law. This will have

implications for the implementation of the family law and if women‘s rights are actually being

respected in the court‘s decisions.‖ Stephanie Willman Bordat, Program Director, Global Rights Field Office, Rabat


_____________________________________________________________________________________________

―The law says you can‘t have more than one wife, but if you give the judge money he will

approve your application, so it‘s very easy to marry more than one woman.‖ 24-year-old single Moroccan female, teaching in Granada, Spain for the past 3 years

(originally from a northeastern rural area near the Algerian border)

_____________________________________________________________________________________________

―The khul’ divorce is basically where the wife pays the husband to repudiate her…put yourself in

the mindset of a really unfair husband…you can repudiate your wife yourself, but then you have

to pay her…or, you can just sit around long enough and make your wife so unhappy and

miserable that she will do anything to get out of the marriage and she will pay you to repudiate

her. So what kind of divorce do you think is still the most common type of divorce in Morocco?

It‘s the khul’ divorce. This is what the NGOs have found going to all the different courts in

Morocco.‖ Stephanie Willman Bordat, Global Rights Program Director, Rabat


36

Lesson #7: ISLAM, FEMINISM, AND WOMEN’S RIGHTS

PREPARATORY HOMEWORK (to be completed PRIOR to lesson): Read ―Perspectives of

Women in the Muslim World‖ by Dalia Mogahed (available on-line at

http://media.gallup.com/WorldPoll/PDF/GALLUP+MUSLIM+STUDIES_Perspectives+of+Wo

men_11.10.06_FINAL.pdf ) and complete the following tasks in writing:

1. According to the Gallup Poll data, compare and contrast the typcial views of:

(a) Western women regarding the status of women in Muslim societies, and

(b) Muslim women regarding the status of women in American society.

2. According to the Gallup Poll data, what do a majority of Muslim women report they admire

most about their own societies? What do a majority of Moroccan women report they believe

public policy and national legislation should be based upon? (Note the exact percentages.)

3. Perform an internet search for western newspaper articles regarding the introduction of the

2004 Moudawana, and skim the contents of at least three different articles. What is the general

tone of the Western press regarding the new Family Law Code? In what specific way(s) are the

legal reforms described as ―progress‖?

4. Are there any discrepancies between your responses to questions 2 and 3, above? If so, how

can these discrepancies be accounted for?


1. How do Westerners typically view women in Muslim societies?

2. How do Muslim women tend to view women in Western societies?

3. How do conceptualizations of the relationship between Islam and women‘s rights vary?


Students will be able to... – compare and contrast Western and Muslim women‘s views of women‘s status in their

own and each other‘s societies

– consider how interpretations of religious scripture can vary

– examine viewpoints expressed by various activists and religious figures regarding

women‘s rights and feminism in an Islamic context


Materials Required: selection of quotes excerpted from conversations, interviews, and other

sources (included).

Teacher Preparation Prior to Lesson: prepare one copy of the document with selected quotes

for each student.

http://media.gallup.com/WorldPoll/PDF/GALLUP+MUSLIM+STUDIES_Perspectives+of+Women_11.10.06_FINAL.pdf


37

WHOLE CLASS DISCUSSION: It is recommended that the class discussion incorporate the

reading/questions addressed for homework, and that it proceed in the following manner:

1. Elicit student responses to question #1 to open the discussion with a consideration of how

Western perceptions differ from Muslim women‘s perceptions.

2. As indicated by the statistical data and concluding remarks presented in the Gallup Poll

report, many Westerners associate Islam with women‘s oppression and subordinate

status; However, it is important to note that shari’a is often viewed as a source of

protection for women. Given our examination of the legal reforms to Family Law and

other initiatives currently underway in Morocco, how would you respond to these

divergent opinions?

3. Upon introducing the 2004 Moudawana King Mohammad VI declared, I cannot, as

Commander of the Faithful, permit what God has forbidden and forbid what God has

permitted. In your opinion, can the Moudawana be reconciled with both Islamic

values/traditions and universal standards of human (especially women‘s) rights as

understood by the international community?

4. Distribute the selection of quotes (one copy per student) and instruct students to take five

minutes to read the document; continue the discussion by eliciting student reactions to

each of the excerpts.

SUMMARY:

1. Is the concept of ―feminism‖ understood differently in different cultures? Explain.

2. In your opinion, is their any validity in the distinction between ―Western feminism‖ and

―Islamic feminism‖? If so, why? If not, why not?

3. Do you think there is a difference in how ―women‘s progress‖ is defined in the United

States and in Morocco? Explain.

38

ISLAM, FEMINISM, AND WOMEN’S RIGHTS

Feminism: a social movement aimed at the achievement of sexual equality—socially, legally,

politically, and economically.

Feminist theory: a theoretical perspective that links the lives of women and men to the structure

of gender relationships within society. -- SOCIOLOGY by Jon M. Shepard, 1999, page 526

______________________________________________________________________________

―They [local Moroccan government associations] see legal rights and women‘s rights as an

integrated part of development, so it‘s not like ‗oooh, radical feminists‘… it‘s a much broader

perspective of ‗this is what‘s going to contribute to the economic development of the country.‘‖

--Stephanie Willman Bordat, Global Rights Program Director, Rabat


______________________________________________________________________________

―It [Islam] is a religion with scholars and texts, like any other religion. We have women now

who are educated in religious matters, who read the Qur‘an, who explicate the texts. Are they

feminists? I don‘t know.‖

--Madame Latifa Bennani-Smires (one of the first women elected to the Moroccan Parliament),

quoted in In Search of Islamic Feminism, 1998, by Elizabeth Warnock Fernea, page121 ______________________________________________________________________________

LA: ―You should also remember that belief in God and belief in yourself are also necessary for

everyone. That is what Islam is about.‖

EWF: ―Islamic feminism is about that too?‖

LA: ―Yes, if we can call it that. But it‘s not new and from the West, as you speak about it. It is a

very old idea.‖

EWF: ―Well, Christianity and Judaism are also full of very old ideas about belief in God and

belief in yourself.‖

LA: ―…But they are different from Islam. Islam gives more rights to women than either

Christianity or Judaism. I think that‘s why maybe you go on and on about our veils in your

society.‖

--conversation between authors Leila Abouzeid and Elizabeth Warnock Fernea;

recounted in the latter‘s book In Search of Islamic Feminism, 1998, page 78 ______________________________________________________________________________

―Four: Concerning polygamy, we took into consideration the commitment to the tolerant

principles of Islam in establishing justice, which the Almighty requires for polygamy to take

place, as it is plainly stated in the Holy Koran: He said '...and if you fear that you cannot do

justice (to so many) then one (only).' And since the Almighty ruled out the possibility for men to

do justice in this particular case, He said: 'You will not be able to deal equally between (your)

39

wives, however much you wish (to do so),' and he thus made polygamy quasi impossible under

Sharia (religious law).‖

--Preamble to the 2004 Moudawana, http://www.hrea.org/moudawana.html#preamble

______________________________________________________________________________

―…Nadia Yassine… claims to be more feminist than 'Westernized' Moroccan feminists, and

stresses Prophet Mohammed's early role as a champion of women's rights... Yassine agree[s] on

the need to base Moroccan women's rights on Islamic values and a feminist reinterpretation of

the Koran, but … feels that [abolishing polygamy] would 'go against the identity of a people.'‖

--excerpted from ―Moroccan women seek their way between Islam and feminism.‖ May 31, 2008

_____________________________________________________________________________________________

―The spirit of the Moudawana, of course, is Islamic law, that‘s the spirit of it and the base of it.

It is based on opinions of religious scholars.‖

--Murshidat (government-trained female religious guide, graduated class of 2006), Rabat ______________________________________________________________________________

―It [polygamy] is actually quite rare… it‘s 2-3% of marriages... Most of the protests against the

issue of polygamy being legal are not actually because it‘s widespread…[but because] it‘s

impact on the first wife is more psychological in terms of it serv[ing] as a control mechanism on

the first wife, so that even if she [no longer legally] has to obey her husband, the fact that the

husband can always hold the threat over her head that he‘s going to take a second wife maintains

relations of power, control, and dominance.‖

--Stephanie Willman Bordat, Global Rights Program Director, Rabat


______________________________________________________________________________

http://www.hrea.org/moudawana.html#preamble

40

Lesson #8: THE MANY FACES OF MOROCCAN WOMEN, REVISITED

NOTE: This is the concluding lesson of the curriculum unit. Discussion and analysis of the

painting should facilitate a review of the different issues examined over the course of this

unit and provide an opportunity to synthesize divergent opinions and data presented in

lessons 2 through 7.


1. To what extent is art a reflection of the society in which it was produced?

2. What conclusions can be drawn about the status of women in Morocco today?


Students will be able to...

– work cooperatively to analyze an original piece of contemporary artwork

– reassess their initial interpretations of the overall message of the painting

– identify representations of different types of women in the painting

– compare their interpretations to that of the painting‘s creator by reviewing excerpts

from an interview with the artist


Materials Required: copies of the photograph of the untitled painting (included) and an

overhead transparency of the painting, both with the individual squares labeled to facilitate class

discussion (see preparation instructions in Lesson #1); the tally of student opinions regarding the

artist‘s gender (recorded during lesson #1); list of questions students would like to ask the artist

(developed during lesson #1, still in each student‘s possession); copies of ―An Interview with the

Artist‖ (included).

Teacher Preparation Prior to Lesson: Prepare sufficient photocopies of ―An Interview with

the Artist‖ (one for each student), and reuse the copies of the painting and overhead transparency

originally prepared for Lesson #1.

Activity: Group Analysis of a Contemporary Moroccan Painting

Procedure:

1. Arrange students into groups of three or four (group size should be small so that all students

are able to participate in the conversation/analysis.)

2. Post the previously recorded tally on the board to remind the class how many students

believed the artist was female and how many believe the artist was male.

3. Distribute one copy of the labeled painting to each group and instruct them to reassess the

painting to see if they can identify representations of any of the women or types of women we

have learned about during our case study of women in Morocco. Instruct the students to also

consider the types of women not portrayed in the painting.

41

Medial Summary: Review group responses to item #3 above. Point out the varying degrees to

which eyes are open and faces are covered. There are no headscarves, only ―mouth scarves‖

(gags). Square C3 contains a tagine (a typical cooking vessel), perhaps representing the domestic

sphere. Other symbols are vaguely reminiscent of farming implements. Square C1 depicts a

very voluptuous but faceless (―identity-less‖) woman, perhaps a prostitute like Faten in ―The

Odalisque.‖

4. Distribute the copies of ―An Interview with the Artist.‖ Instruct the students to read the entire

document and then, working individually, to compare the artist‘s explanation to their own

interpretation of the images. Note the artist‘s identification of the woman in Square B1 as a

woman who has attained freedom, and his explanation of the symbols.


1. Were you surprised to discover the artist is male? Why or why not?

2. In what ways was your interpretation of the painting similar to the artist‘s own ideas about his

work? In what ways did your interpretation differ?

3. The first time you examined this painting, you prepared a list of questions you would like to

ask the artist. Having read the interview, which of your questions remain? What new questions

you would like to ask the artist?

4. In your opinion, are the artist‘s opinions a reflection of his particular experiences or can they

be generalized to Moroccan society at large? In your estimation, what is the relative importance

of factors like gender, age, class, and rural vs. urban residency in determining one‘s position in

society?

5. Based upon everything you have learned about the status of women in Morocco, do you agree

or disagree with the artist‘s views? Explain your rationale.

6. Based upon everything you have learned about the status of women in Morocco, how would

you characterize the position of women in Moroccan society today? Does this painting

accurately portray the diversity of women‘s experiences and realities in Morocco? Explain.

42

AN INTERVIEW WITH THE ARTIST

The following interview was actually conducted on two separate occassions, and the artist‘s

responses relayed by two different translators. The first encounter was a brief, spontaneous

conversation that ensued at the time the painting was purchased. The second interview, just over

two weeks later, was planned and conducted through a translator over the telephone.

Spontaneous interview with the artist who created the painting of the women’s faces;

conducted in person and translated by an escort, Thursday, July 17, 2008.

BM: What is the message of your painting?

―Our nomadic roots are reflected in our art… [there are] deeper meanings in the paintings, less

emphasis on technique and more on themes, especially the lives of women in this country. This

[painting] is my research.‖

BM: What is the meaning of the different symbols in the painting?

―The symbols are from our [Berber] jewelry and amulets. Women don‘t have the means to

heal/care for themselves, so the symbols serve that purpose.‖

BM: What about all the different faces?

―They are different women, some bound by tradition, others free or catching a glimpse of

freedom.‖

BM: Can you show me an example of a “free” woman in your painting?

―This one.‖ [Points to the square second from the left in the top row.]

Second interview with the artist; conducted over the telephone via a translator who then

paraphrased the artist’s responses in English, Saturday, August 2, 2008.

BM: What is your profession? Highest level of education completed?

He‘s a teacher… since 1978… he teaches in Berber, Arabic and French. Teaches way in the

coutryside…he has a high school diploma and went into education.

BM: Why are you interested in women’s issues in Morocco? How did you become interested in

this topic?

The woman is the mother, she‘s the sister, his mother lived a situation that when he thinks about

it he really disliked it, she‘s passed away now, may God have mercy on her, but when he thinks

about what she had to deal with in her life, he‘s not happy with how his mother had to live.

43

BM: How would you characterize the position or status of women in Moroccan society today?

The biggest oppression is what happens to the woman, when she has no ability to do anything for

herself, not even to express herself. There are things he would like to say about the condition of

the woman but they can‘t be written right now at this time, they wouldn‘t be accepted, but they

can be drawn, they can be seen in pictures. This is a political situation.

BM: Are you familiar with the Moudawana? If so, how do you think the reformed Moudawana

has impacted Moroccan women?

He said that truthfully, honestly, the Moudawana would have an effect for a woman in the city,

not in the village. [BM—Do they know about it?] The city women will actually understand it.

Even a country man wouldn‘t understand the Moudawana. The woman in the country will know

whatever the man will want her to know about it. That‘s his role. There‘s some things he can‘t

say over the phone.

BM: Are you married?

Since he was 18, he got married when he was 18 and now he‘s in his fifties. He has five children,

two daughters. His daughter was the first woman in the village to wear jeans outside and a skirt

outside and he sent her to get a college education. He said that in the countryside it‘s not talk,

but actually it has to be actions, people have to do things to change things, it‘s not just words that

change things in the countryside. He said people give out this information but they have to give

examples, they have to show people [in terms of change for women].

BM: What do you hope to accomplish by painting about women’s issues in Morocco? Who do

you hope will see your paintings?

He makes the paintings for himself. Not until he was fifty did he ever start painting. There‘s

still many things he can‘t talk about, he refers to especially to the way his mother was treated by

his father and how he feels about that… the way… the practices of his father in the house. He

did a project in the countryside where he distributed paper and painting utensils to women in the

village; he wanted women there to also paint, so maybe they could express things they couldn‘t

get out, he said there are certain things, certain emotions that you want to express that can‘t be

written down but they can be painted, so he tried that. The women, some of them did paint, they

did want to say things, but things hold them back. But the women feel like even to take a paper

and pen and to paint something they feel like [it‘s] something to hide, something that shouldn‘t

be seen publicly or mentioned to even do, like something that should be hidden, like you‘ve

asked them to do something that‘s wrong. The women still, especially, don‘t have the ability to

express what they feel, how they feel about things. The educated women and the women of

March 8th

, those kind of women, that‘s one world of the women of Morocco, and then there‘s

another world of the woman in Morocco, so there‘s two women‘s worlds, [and] the rural women

in Morocco live in another world of ignorance. All those marches in Rabat on March 8th

, all

those groups and associations have nothing to do with the rural woman, even the level of their

discussions and the kind of discussions that they have don‘t reach the rural woman, they‘re not

44

understandable. Someone who wants to help the rural woman would have to do things by action

and not so much talk. The real thing that would help the rural woman is not something like the

Moudawana, it would be economic. Economic reforms would help the rural woman because

when women have no economic resources they accept the practices of men, they have to stay in

the house with the man and accept what he‘s doing because they don‘t have any other options

financially to leave the house.

BM: You referred to the painting as your “research.” Why do you consider your paintings to be

research?

He says it‘s research in terms of symbolism, the symbolism of the woman in the countryside.

45

REFERENCES

Abouzeid, Leila (1989). Year of the Elephant. Texas: Center for Middle Eastern Studies at The

University of Texas at Austin

Alpert, Rachel (2007). Women in Morocco: Participation in the Workforce as an Avenue of

Social Mobility. Israel: The Moshe Dayan Center for Middle Eastern and African Studies

at Tel Aviv University

Bordat, Stephanie Willman (2008). Women‘s Rights and the Family Code In Morocco.

Presentation delivered at the Moroccan American Commission for Educational and

Cultural Exchange (MACECE) in Rabat on July 2, 2008.

Bordat, Stephanie Willman and Kouzzi, Saida (2004) The Challenge of Implementing Morocco’s

New Personal Status Law. Retrieved September 22, 2008 from the World Wide Web:

http://www.globalrights.org/site/DocServer?docID=663

Charrad, Mounira M. (2001). States and Women’s Rights: The Making of Postcolonial Tunisia,

Algeria and Morocco. Berkeley: University of California Press

Fernea, Elizabeth Warnock (1998). In Search of Islamic Feminism: One Woman’s Global

Journey. New York: Anchor Books

Global Rights Morocco Field Office. Women Draw the New Moudawana Poster [English

Description] Retrieved September 22, 2008 from the World Wide Web:


64

Gomez-Rivas, Camilo (2008). Morocco‘s Imperfect Remedy for Gender Inequality. Middle East

Report Online 247. Retrieved November 1, 2008 from the World Wide Web:

http://www.merip.org/mer/mer247/gomez-rivas.html

Human Rights Education Associates (HREA) Moroccan Judges Address the New Family Code

and Women’s Human Rights. Retrieved September 24, 2008 from the World Wide Web:


Human Rights Education Associates (HREA). The Moroccan Family Code (Moudawana) of

February 5, 2004: An unofficial English translation of the original Arabic text.

Retrieved November 4, 2008 from the World Wide Web:


Katulis, Brian (2004). ―Divisions Over Women‘s Family and Social Rights‖ (pages 23-29) in

Women’s Freedom in Focus: Morocco (Special Report No. 32). Retrieved September 22,

2008 from the World Wide Web: http://www.freedomhouse.org/ uploads /special_report/

32.pdf

http://www.globalrights.org/site/DocServer?docID=663



http://www.merip.org/mer/mer247/gomez-rivas.html



http://www.freedomhouse.org/%20uploads%20/special_report/%2032.pdf



46

Khouyya, Damia Ben (2001). Sculpting the Rock of Women’s Rights: The Role of Women’s

Organizations in Promoting the National Plan of Action to Integrate Women in

Development in Morocco. Retrieved September 22, 2008 from the World Wide Web:

http://www.hhh.umn.edu/centers/wpp/pdf/case_studies/sculpting_the_rock/sculpting_roc

k_women_rights.pdf

Lalami, Laila (2005). ―The Fanatic‖ and ―The Odalisque‖ (pps. 19-51 and 127-145) in Hope and

Other Dangerous Pursuits. New York: Harcourt, Inc.

Maddy-Weitzman, Bruce (2005). Women, Islam, and the Moroccan State: The Struggle over the

Personal Status Law. Middle East Journal 59(3) 393-410. Retrieved on October 11, 2008

from the World Wide Web: http://www.dayan.org/articles/brucemaddyweitzman59-3.pdf

Mogahed, Dalia (2006). Perspectives of Women in the Muslim World (Gallup World Poll Special

Report: The Muslim World) Retrieved November 4, 2008 from the World Wide Web:

http://media.gallup.com/WorldPoll/PDF/GALLUP+MUSLIM+STUDIES_Perspectives+

of+Women_11.10.06_FINAL.pdf

Moroccan women seek their way between Islam and feminism. (2008 May 31). The Earth Times

Retrieved November 4, 2008 from the World Wide Web: http://www.earthtimes.org/

articles/show/209173,moroccan-women-seek-their-way-between-islam-and-feminism--

feature.html

Morocco Summary Report (2008). Summary report issued by Moroccan officials at the Fortieth

Session of the Committee on the Elimination of Discrimination Against Women

(CEDAW), January 24, 2008. Retrieved on October 15, 2008 from the World Wide Web:

http://www2.ohchr.org/english/bodies/cedaw/docs/CEDAWSR824.pdf

Naciri, Rabea (2003). The Women‘s Movement in the Maghreb: with emphasis on Tunisia,

Morocco and Algeria. Al-Raida XX(100), 20-28. Retrieved October 12, 2008 from the

World Wide Web: http://www.iiav.nl/ezines/email/AlRaida/2003/No100.pdf

Sadiqi, Fatima and Ennaji, Moha (2006). Feminization of Public Space: Women‘s Activism, the

Family Law, and Social Change in Morocco. Journal of Middle East Women’s Studies

2(2) 86-114.

Shepard, Jon M. (1999). Sociology. California: Wadsworth.

http://www.hhh.umn.edu/centers/wpp/pdf/case_studies/sculpting_the_rock/sculpting_rock_women_rights.pdf

http://www.hhh.umn.edu/centers/wpp/pdf/case_studies/sculpting_the_rock/sculpting_rock_women_rights.pdf

http://www.dayan.org/articles/brucemaddyweitzman59-3.pdf



http://www.earthtimes.org/%20articles/show/209173,moroccan-women-seek-their-way-between-islam-and-feminism--feature.html




http://www2.ohchr.org/english/bodies/cedaw/docs/CEDAWSR824.pdf

http://www.iiav.nl/ezines/email/AlRaida/2003/No100.pdf

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