During the high-level international symposium organized by the Moroccan Ministry of Justice on Wednesday, June 18, 2025, in Rabat, under the theme: “Implementing the System of Kad and Siya’a in Light of the Recent Amendments to the Family Code,” Sheikh Dr. Hassan Salah Al-Saghir, Assistant Secretary-General for Scientific Affairs and Research at the Islamic Research Academy and General Supervisor of Fatwa Committees at Al-Azhar Mosque, delivered a scholarly presentation on behalf of Al-Azhar.
In his speech, Sheikh Hassan highlighted the jurisprudential and social approach Egypt has adopted in addressing the issues of Kad and Siya’a within the family context.
At the outset, he expressed deep appreciation for Morocco’s pioneering initiative, noting that Morocco has historically and recently been at the forefront of legislating the right of Kad and Siya’a within its Family Code, drawing inspiration from the Maliki scholars of Morocco since the 10th century AH.
The Al-Azhar representative clarified that the issue of Kad and Siya’a is not confined to the marital relationship alone but extends to the financial and practical contributions made by all family members in building the family wealth. He pointed out that Egyptian customs in rural and urban areas alike reflect numerous instances of economic cooperation within families, which often lead to legal disputes after long periods of mutual understanding and stability.
In this regard, Sheikh Hassan referred to the call by Grand Imam of Al-Azhar, Dr. Ahmed Al-Tayeb, to revive the jurisprudence of Kad and Siya’a to protect the rights of working women and contribute to the growth of family wealth. This stance has been reaffirmed by Al-Azhar in its conferences and official statements, including the 2020 Conference on Renewal in Islamic Thought and the 2022 statement by the Fatwa Center.
Sheikh Hassan emphasized that Kad and Siya’a represent legitimate rights for anyone who has contributed to the development of family wealth, whether through money or effort, and that such contributions should be fairly assessed. He urged spouses to document these contributions to ensure justice and stability.
He also stressed the importance of balance in any proposed legislative intervention, warning against reducing family relationships—rooted in affection and solidarity—to mere commercial transactions, which could strip them of their human and spiritual dimensions. He called for legislative ijtihad (jurisprudential reasoning) to be flexible, precise, and cautious, taking into account the social, economic, and cultural differences among families.
Concluding his intervention, Sheikh Hassan affirmed that the fair treatment of women should not be limited to economic aspects but must be integrated with moral and spiritual dimensions, which form the foundation of balanced societal development.
This distinguished participation by Al-Azhar comes within the framework of Morocco’s openness to comparative experiences and its persistent efforts to build a jurisprudential and legislative consensus on revising the Family Code, ensuring equality, justice, and the preservation of the dignity of women and families amid contemporary social and economic transformations.