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UNION INTERNATIONALE DU NOTARIAT ( U..I.NL )
Houcine S E F R I O U I
Docteur en droit – Notaire
Conseiller Général et de Direction de l’Union
President du 26° Congres International du Notariat Marrakech 20I0
Président Honoraire de la Commission des Affaires Africaines (CAAF) de l’union
Expert notarial Partenaire continental près la Banque Mondiale Douing Busines
Vice-Président de l’Institut International d’Histoire du Notariat
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Droits de la femme TRADUCTION ANGLAISE
The proposed topic « rights of women » or rather « human family ». Morocco is regulated by the immutable principles of
Holy Qur’an (base of legislation)
-Sunna (oral tradition of the Prophet), explained and interpreted by the doctrine of the four rites: Maliki, Hannafi, Chafii and Hanbali supplemented by reasoning by analogy or contrast (Al Qiyas and Al Amal El Fassi law judges Andalusia and the Maghreb)
Codification or rather modernization is just another update to the harmonization given the social evolution
By the time running and development upside by the legalization of gay marriage, it is plausible to me to quote a verse from the Koran that prohibits forever this kind of marital link verses 20 and 21 of Sura « Arrum » as follows:
« God created you, for you spouses that you may dwell in tranquility with them and He has put between you affection and mercy. Verily in this are Signs for those who reflect »
So the Supreme divine law took position by the categorical prohibition of the union between two people of the same sex.
I go back to map « the rights of women » enacted by the organization as follows:
-1 ° – The protection of the child:
1 – At birth, identification, marital status:
The preliminary protection of pregnancy until delivery inevitably imposes the right to medical and clinical monitoring of pregnant women.
At birth the child was born alive and viable all the legal rights that arise with it.
First, the right to the surname of the author, in the case of a legitimate paternity, the right to the Civil Status Registration of place of birth in accordance with the Royal Decree of 14 September 1915 as amended and supplemented by that of March 8, 1950
In the case of the unrecognized illegitimate child by its author, Moroccan law assigns the nationality of the mother and her family name because of its natural output of a being with a name and a nationality by application of sacrosanct principle: the accessory follows the principle
1 – Access to education:
At the age of one year, the child is placed in a crib to adjust to social life with others of his age and in which it operates in pre-kindergarten, kindergarten, up to seven years where it is necessarily part of a primary school.
2 – Equal Rights:
1 – Consent to marriage:
Marriage is consensual and solemn dissolution is no longer at the discretion of répudiative husband but now legal and can be compensated for the damage with the obligation to housing, food and maintenance of a divorced woman.
A new reform has left the care of consent to marriage the bride and groom themselves without the influence of anyone, of course, by imposing rules such as
– Puberty (18 years)
– The healthy mind (information of the disease if it exists, production of a medical certificate for marriage)
-The absence of prohibitive impediments to marriage whether legal or perpetual such as kinship, breastfeeding, or state pension continence (Al iddah)
2 – Asset management:
Is summarized by reciprocal duties, such as the rights to cohabitation, good relations, reciprocity of affection and respect of conservation of the family, inheritance, the right maintenance, the duty of loyalty .
The financial management of the household is subject to a contract conventionally called management to conclude after the civil marriage.
3 – Access to land:
It is access to the property, the principle is the separation of property, but with the temporal evolution of the spouses may agree to join in the acquisition of property in terms of ownership.
Private property from a family inheritance or gift does not necessarily fall in the community but are specific to the heir or donee.
3 – Facing Death:
1 – The right to inherit and test:
The Inheritance law is determined by the divine commandments of the Qur’an (Chapter « Women »), which it is in no way allowed to derogate from it.
In the order of succession, a special place is a priority of right and left to the surviving spouse inherits right and any property (or 1/8, ¼, or half of the estate according to which it comes in competition ).
No agreement on future estate is legally allowed.
The right test is called in Morocco (Saddaqa, Hiba, Attiya) which means in Latin terms « gift pouch » that can not exceed 1/3 with observance of the principle which prohibits any provision for a testamentary heir. Cohabitants have no hereditary vocation, as well as a prohibition to inherit from a Muslim to a non-Muslim and vice versa.
Islamic law in all prohibitions are mandatory.
Morocco is categorically opposed to the recognition of adoption and adoptive legitimation by married or cohabiting couples, more so by the spouses of the same sex or a single person.
The child is only collected (Kafala: support) and not adopted and keeps the name of the family of origin.
The child has the right to seek paternity and eventually lead to the recognition of its origins.
Bibliography
Read in conjunction Houcine SEFRIOUI;
a-la Condition Foreigners in Morocco, 1973
b-The Private International Law
c-Moroccan personal status
d-The personal status of Jews
The e-notary private law
f-Notarius Moroccan Report, November 2009
g-The condition of Moroccans in France
h- The legal Morocco