Mudawana in the context of "Islamic marital jurisprudence"

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⭐ Core Definition: Mudawana

The Mudawana (or Moudawana, Arabic: المدوّنة, lit.'code'), short for mudawwanat al-aḥwāl ash-shakhṣiyyah (مدونة الأحوال الشخصية, lit.'personal status code'), is the personal status code, also known as the family code, in Moroccan law. It concerns issues related to the family, including the regulation of marriage, polygamy, divorce, inheritance, and child custody. Originally based on the Maliki school of Sunni Islamic jurisprudence, it was codified after the country gained independence from France in 1956. Its most recent revision, passed by the Moroccan parliament in 2004, was praised by human rights activists for its measures to address women's rights and gender equality within an Islamic legal framework.

Although there were calls for reform to the family law in the 1960s and 1970s, its religious origins made amending it a challenge, and no serious movement for reform emerged until the 1980s. As a result of newly created civil society organizations, including many women's organizations, and increased international attention on women's rights, modest reforms to the Mudawana were enacted in 1993 under King Hassan II. Following this initial change, increased activism resulted in the articulation of a Plan of Action for the Integration of Women in Development, which drew heavily from secular, rights-based frameworks. This sparked fierce debate and opposition within Moroccan political elites and, to a somewhat lesser extent, Moroccan society and culminated in two rallies in Casablanca and Rabat in March 2000 – one in support of reform and one in opposition to it. This occurred shortly after Mohammad VI succeeded his father as King, and within a year of the rallies, he announced the formation of a commission to further reform the Mudawana. In 2003, he announced his intention to replace the code entirely, citing his authority as both spiritual and political leader of the nation, and by January 2004, the Moroccan parliament had ratified the new version.

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Mudawana in the context of Mohammed VI of Morocco

Mohammed VI (Arabic: محمد السادس, romanizedMuḥammad as-sādis; born 21 August 1963) is King of Morocco. A member of the Alawi dynasty, he acceded to the throne on 23 July 1999, upon the death of his father, King Hassan II.

Upon ascending to the throne, Mohammed initially introduced several reforms and changed the family code to grant more rights to women in Morocco. Leaked diplomatic cables from WikiLeaks in 2010 led to allegations of corruption in the court of Mohammed, implicating him and his closest advisors. In 2011, protests in Morocco that were considered part of the wider Arab Spring occurred against alleged government corruption. In response, Mohammed enacted several reforms and introduced a new constitution. These reforms were passed by public referendum on 1 July 2011. His other reforms have included modernising the economy and military force of Morocco, promoting non-sectarian Islam and Berber culture, including designating Standard Moroccan Amazigh as an official national language alongside Standard Arabic, and curtailing the influence of religious extremism.

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Mudawana in the context of Moroccan nationality law

Moroccan nationality law is regulated by the Constitution of Morocco, as amended; the Moroccan Nationality Code, and its revisions; the Mudawana (Family Code; the Civil Liberties Code; and various international agreements to which the country is a signatory. These laws determine who is, or isn’t eligible to be, a national of Morocco. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation. Moroccan nationality is typically obtained under the jus sanguinis, i.e. by birth in Morocco or abroad to parents with Moroccan nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalization.

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