Benkirane Sparks Controversy Over Proposed Legal Amendment on Polygamy

In a controversial statement, former Prime Minister Abdelilah Benkirane voiced his views on a legal issue surrounding the proposed obligation for a wife to express her opinion on polygamy during the registration of marriage. This proposed amendment to Moroccan law has sparked widespread debate among legal and religious circles in the country.

Benkirane confirmed that His Majesty King Mohammed VI had rejected any intervention in the matter of polygamy, noting that Moroccan scholars consulted by the King had also opposed any changes to the law requiring a wife to be asked about polygamy during marriage registration. Despite this, Benkirane expressed his disapproval of what he described as the “overreach” of the Minister of Justice, asserting that such a legal amendment could violate Morocco’s religious and legal principles.

Benkirane referred to the application of Article 400 of the Family Code, which allows the judge to consult prevailing opinions in legal matters lacking explicit texts. He emphasized that the Maliki school of thought, which is the primary source of legislation in Morocco, rejects any intervention in such issues.

The former Prime Minister argued that this proposed amendment strongly contradicts Morocco’s religious traditions, stressing that the right to polygamy should not be restricted in this manner. He also pointed out that Article 400 has always served as a fundamental reference when explicit legal texts are absent, aiming to uphold the application of Islamic law in a way that aligns with the country’s social and religious values.

source : fesnews media

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