Underage marriage fatwa prompts official inquiry in Morocco
2008-09-25
The controversial fatwa concerning underage marriage issued in Morocco by Cheikh Mohamed Ben Abderrahman Al Maghraoui will be the target of a new government inquiry, following a decision by the king's prosecutor in Rabat.
By Sarah Touahri for Magharebia in Rabat – 25/09/08
 [habous.gov.ma] Cheikh Al Maghraoui's controversial fatwa regarding the marriage of underage girls has prompted a legal inquiry by the Moroccan government. |
Debate and public outrage in Morocco over a controversial fatwa suggesting marriage be permissible for young girls have prompted an official inquiry into the matter. The fatwa, issued by Cheikh Mohamed Ben Abderrahman Al Maghraoui, said girls may be married as early as age nine.
Morocco's High Council of Ulemas reacted to the fatwa on Sunday (September 21st), issuing a statement condemning the marriage of underage girls. Later that day, the king's prosecutor at the court of first instance in Rabat ordered a thorough inquiry into the fatwa and Al Maghraoui's competence.
Lawyer and MP Fatima Mustaghfir explained that this is a first in Moroccan legal history. Until now, no case of this kind has ever come before the courts.
"The courts must step in to fight against this kind of fatwa," she said, "but this is really the role of ulemas and imams in Morocco."
"A judge may sometimes authorise the marriage of girls aged 15, 16 and 17 in exceptional cases, after medical advice has been sought. But it is inconceivable to talk about the marriage of girls as young as nine," she concluded.
Reactions to the fatwa have been widespread. Even before the public prosecutor's office reached its decision, a barrister in Rabat by the name of Mourad Bakkouri had lodged a complaint. Some call the fatwa an assault on the Family Code and the rights of children, and say it increases the danger of rape.
There are many who have applauded the decision by the public prosecutor’s office to put an end to the debate.
Hassan Boukoura, a teacher of Islamic education, said it is of the utmost importance to ban exceptions that could become the rule.
"Marriage in Morocco is governed by the law," Boukoura said. "We welcome the public prosecutor’s initiative in launching proceedings against this man for trying to pervert the law."
Nurse Malika Sabri said this type of fatwa harms Morocco's image.
"We already have a bad image because of terrorism; we don't need these opinions being voiced by madmen. I hope the courts will do what is needed in this case. This scandalous fatwa could encourage the early marriage of girls, particularly in rural areas."
Lahcen Daoudi of the Justice and Development Party said the fatwa should simply be discredited and ignored.
"It's madness. We're getting into a false debate on this ridiculous fatwa which will have no effect on the Moroccan people. I don't think people will listen to this view and marry their daughters off at nine years of age. No one can take this man seriously," he said.
Speaking in his defence on television channel 2M, Al Maghraoui explained that his fatwa had been wrongly interpreted. He stressed that he was talking only of a few rare cases where nine-year-old girls could be married, in the tradition of the Prophet Mohammed.
The statement from the High Council of Ulemas said Al Maghraoui is known for his subversive tendencies and said his sensational opinions will certainly not be heeded. The council pointed out that the legal age for marriage is 18 years, as specified in the Moroccan Family Code.
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acharif moulay abdellah boiuskraoui Posted 2008-09-25
The Moroccans have a High Council of Ulemas and this council represents the best of the ulemas in the umma. Therefore, there is no need to don too much importance to all these blowhards: their only goal is to propagandise to the point that their name gets well known and they can then pretend to be a real imam. In my opinion, any time some sicko writes something on the Internet, we should ignore him instead of making them him to be a comic book hero. The best way to spite someone is to ignore them.
Syed Hassan Tanwir-Pakistan Posted 2008-09-25
Algeria: 21 for males and 18 for females, lower with judicial permission if necessity or benefit is established.[1] Egypt: 18 for males and females (per the new child protection law). Ethiopia: Legally 18 for both males and females. In practice, however, children in rural areas are married young. It is not uncommon to see girls as young as 6 years of age being married. It is also unusual for a girl to be 16 and yet unmarried. Kenya: 16 for statutory marriages under the Marriage Act.[2] Libya: 20, lower with judicial permission on grounds of benefit or necessity and with wali's agreement.[3] Madagascar: 17 for males, 14 for females.[4] Morocco: 18 (since the legal reform of 2004). [5] Senegal: 20. Somalia: 18, 16 for females with guardian's consent; Court may grant exemption from minimum age requirements in case of necessity.[6] South Africa: 18, or 16 with parental consent.[7] There are provisions made for respecting the marriage laws of traditional marriages, whereby a person might be married as young as 12 for females and 14 for males. Sudan: Puberty, with requirement for willing consent of both parties.[8] Tanzania: 18 for males and 15 for females, 14 with court permission if specific circumstances make marriage appear desirable. Penal Code provides that persons of "African or Asiatic descent" may marry or permit marriage of a girl under 12 in accordance with their custom or religion if marriage is not intended to be consummated before she is 12.[9] Tunisia: 20 for males and 17 for females, lower with judicial special permission for pressing reasons and on the basis of a clear interest for both spouses.[10] [edit] Americas Argentina: 21, 16 for females and 18 for males with parental consent, lower with judicial consent only in exceptiona
Jill Grossvogel Posted 2008-09-26
As long as you report objectively about what is actually happening, without fear of reprisals, your site is serving an indispensable function well beyond the Maghreb. I am there on business three or four times a year, and am extremely interested in the political and social upheavals, particularly the fact that the government is doing so little about corruption at every level: I experience it on the open road while driving, in the city halls, banks, and post offices where no line is honored, no privacy given, among wileya officials, particularly in Rabat, who discriminate against Moroccans and give special favors to westerners visiting, in Casa where the American Consulate guards (Moroccan) keep their fellow citizens at bay as if they were all terrorists and let any European or American right up to and inside the doors. People are afraid to speak out. They are justified in their fear, and the press has to do it for them, as has Tel Quel and Le Journal Hebdomadaire (Aboubakr Jamai) both of which are well-known courageous publications breaking the dangerous silence in Morocco.
hicham Posted 2008-09-26
Salam alikum. Those who fish in polluted waters should not talk about sheikhs in the rank of El Moghraoui, may God protect him, until they reach his degree of knowledge. How statements are right. We must show him all due respect.
kamal Posted 2008-09-26
You should show all articles not just some of them.
Omar belhaj Posted 2008-09-27
I simply can't comprehend the fatwa this imam has issued, its beyond any logical imagination, any father or mother who give there nine year old for marriage to another man should be jailed, and any man who takes nine year old for a wife should also be jailed, as for this imam strip him of his title, and if has any under age daughters i pray for them.
عبدو67394 Posted 2008-09-27
Peace and mercy of God be upon you. I hope to be wrong in my vision. By God sheikhs of Islam, scholars of Morocco and council of the state, how do you allow those who teach and embed in the minds of his followers Hadiths of Wilaya, which means compulsory allegiance to the ruler, they fast and celebrate the Eid with Saudi Arabia. Isn’t this falsehood? Doesn’t this mean a lot of things?
abirou wiam Posted 2008-09-27
Indeed, I am against marrying a 9-year-old.
abdarahim boutazomt Posted 2008-09-27
This is a sick and complicated man. A girl aged nine doesn’t even know where to sit so what of marriage? This is my number if you have something to say.
nabil Posted 2008-09-28
The prophet “Mahomet”!? Uh, am I on some sort of satire newspaper or something? Please use the name of the prophet “Muhammed”— may peace and blessings be upon him— like you are supposed to. As it is, in Morocco, we borrow too many good intentions for futile things from these blowhards. May they all be sent to prison! May the Council of Ulemas busy itself with the training of imams and raquis who respect the Qu’ran and sunna. This is what we need most, not this nonsense with fatwas that point to times past before the birth of the prophet Muhammed, may peace and blessings be upon him. -Salam
yasssine Posted 2008-09-28
We ask the Sultan (?) to respect the religion firstly before implementing law because we often respect law and exclude God the Almighty. We hope that the fatwas of our sheikhs and the words of God the Almighty be respected. The law should be ignored because law is valueless in the face of the law of God and for us. We hope that our opinions will be respected. Thank you.
Boras Posted 2008-09-29
Morocco's high Ulama are world expert's in Maliki Fiqh and I have nothing but respect for them. It's a shame that some Moroccan's have changed their ways and followed the Salafi (Wahabi) aqeedah and the results are obvious to see with weekly bombings in algeria, but I have faith in our scholar's. These small numbers of ignorant so called DIY scholars will be judged very unfavorably in Islamic history.
gol Posted 2008-09-29
Here in Europe, we are worried about the United State’s financial crisis, which has as a consequence a rise in unemployment. So, my question is as follows: is there not already enough cruel poverty in Morocco without giving such importance to a bearded old man who is inciting paedophilia.
marie Posted 2008-11-26
Thank you.
Bernard ATLAN Posted 2009-01-12
This is a letter to my Muslim brothers, with whom I hope to live in peace- You are taught that Jews are the enemy of Islam. This is false: the vast majority of Jews aspire only to live in peace. We are too few to want to fight and lose the few children we have. Recognise that when we fight, we do it well, but, if we do not have the aid of God, we would be but a bite for you. But, as we do have His aid, we are resisting well. I implore you to accept this fact, so that we do not have to fight any longer. More importantly, why fight? The land of Israel is so small; it is but the size of two French departments. You have such great expanses, so why should we fight over so little? You are taught that life on earth is only a passage and that happiness will be found in the afterlife. This is why you accept dying for the benefit for those who will affirm this. Who has ever come back so as to affirm such a thing? God has given us such beautiful things on this earth; it would be a shame not to enjoy them. I am always amazed when I think about the tree whose roots are planted in the ground so as to give us wonderful, soft and sweet fruits. So, please let us try to shut up those who would teach us to hate— God does not love them. –Bernard Atlan
Bernard ATLAN Posted 2009-01-31
I would like the enlightened Muslims to indicate to me what exactly a fatwa is and how and under what conditions is it given and so on. All I know for the time being is that any religion can give a fatwa condemning anyone to death or worse (for example: a nine-year-old kid suffering abuse by adults). And, is this simply because they hold a position of authority?
فتاة الإسلام Posted 2009-03-26
My brother, the messenger, peace and prayer of God be upon him, did not fix an age for marriage. So, the marriage of a girl between 14 and 15, if she is capable of that, is Halal. Marriage is chastity and shelter. God guides to the right path. My question is: Is that marriage of a girl who is 15 approved if her guardian accepts?
Anonymous Posted 2009-04-03
I have a 13-year-old daughter. She has fallen in love with a boy at school, but there is a 20-year-old boy in Morocco who wants to marry her. What can I do when it is illegal to marry off our daughters until they are age 15? Help me! I want this to be halal for my daughter.
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