New law to end exploitation of places of worship

2007-01-25

A new law places restrictions on the building and funding of new places of worship in Morocco. The move aims at ending the exploitation of mosques by extremist groups.

By Sarah Touarhi for Magharebia in Rabat – 25/01/07

[Sarah Touarhi] Any new mosques that are planned must receive prior approval from the governors.

Morocco's parliament has passed a new law to end the exploitation of Muslim places of worship for harmful purposes. According to Habous and Islamic Affairs Minister Ahmed Toufiq, the law places restrictions on the building of new mosques.

From now on, any plans for a new mosque must receive prior approval, to be granted by governors and not just the chairmen of municipal and rural councils. Benefactors have to organise themselves into associations and obey general regulations put in place by the administration stating how state assistance will be used and what measures will be in force to control their activities. The ministry may delegate management and upkeep of the mosque to an association, via a partnership agreement.

The law replaces a dahir (sovereign ruling) and covers mosques, zawiyas and other places of prayer.

The funds collected must be paid into a bank account in the association's name. The law will make it possible to identify the source of the money, and its intended use. As for the construction itself, this must follow a general programme and specifications, particularly at the architectural level.

Habib Choubani, leader of the justice and development party in the first chamber of parliament, says the law is very restrictive. "We can see perfectly well that the driving force behind this law is security alone. There is a risk of discouraging the many benefactors who would be involved in these projects. Some 60% of mosques built in Morocco receive all or some of their funding from benefactors," he said.

According to the Habous and Islamic Affairs Ministry, the law aims at harmonising the current legislation regarding the building of mosques with other laws aimed particularly at town planning and the creation o

f associations. "This law is a way of supporting charitable giving in Morocco, not of holding it back," said Toufik.

The law "has several measures to set the framework for a building and management process which in many cases slips through the state's grasp. In this way, there is less risk of seeing these places being exploited by extremist groups," Slimane Zaki, a teacher of Islamic affairs, says.

Until now, the construction of a mosque has never been restricted. The law will come into force once it has been published in the official bulletin. Any violation will be punishable by a fine equivalent to five times the amount of money raised, with a minimum of 100,000 dirhams. Prison sentences of up to five years are given to for repeat offenders, who would have to pay a fine equivalent to ten times the amount of money raised, with a minimum of 200,000 dirhams.