Rabat: Government Spokesperson Mustapha Baitas announced on Thursday that a drafting commission has been established to revise the Family Code. This commission comprises key ministries and the General Secretariat of the Government (SGG).
According to Ghana News Agency, the formation of the Drafting Commission was highlighted during a press briefing following the weekly Government Council meeting. Baitas emphasized that the Council decided to form a Drafting Commission composed of departments directly involved with the revision of the Family Code, given the specific nature of this Code. The commission includes the Ministry of Justice, the Ministry of Endowments and Islamic Affairs, the Ministry of Solidarity, Social Inclusion and Family, as well as the General Secretariat of the Government.
The Moroccan official underlined the involvement of the General Secretariat of the Government due to its expertise and potential contributions to the Commission, considering overlaps with other existing laws and certain draft texts currently under parliamentary examination. The drafting commission will comprise legal and judicial experts, as well as ulema (Islamic scholars). If necessary, experts from other fields or specializations may also be involved, should their presence or contributions be deemed beneficial by the commission.
Baitas highlighted that the government was attentively monitoring the debates triggered by the Family Code revision and would focus on this issue during its weekly meetings. He noted that this matter had been a top priority since December 26, following a communication meeting held by the government in accordance with High Royal Instructions, which outlined the main proposed revisions to the public. 'The government wishes to underline that the presentations made during the communication meeting contain the broadlines of the proposed revisions to the Family Code and the conclusions of the legal opinion formulated on them,' Baitas stated.
He further explained that the government is currently in the phase of legally drafting these revisions to determine their implementation modalities, conditions, and procedures. The minister stressed that it is premature to raise questions about the proposals as they were presented, the situations they may give rise to, or potential difficulties in their implementation. These depend on the creation of a text that frames and clarifies the proposals made.
In keeping with High Royal Instructions, the government will continue its communication on this matter, remaining available to provide relevant information and data while considering the preparatory nature of the text and the stages of its drafting process, Baitas added.
In response to the debates sparked by the Family Code revision, the spokesperson stated that the government aligns with the commendable positions of political parties, labor unions, and civil society actors. Furthermore, the government denounces attempts to undermine the Supreme Ulema Council and the respect owed to its members, as well as the value and foundations of its opinions on Sharia-related issues, without due consideration of the institution's competencies as 'the sole authority allowed to issue officially recognized fatwas [religious opinions],' in accordance with Article 41 of the Constitution.
The government welcomes proposals and observations from scholars, researchers, and all political and civil society actors aimed at improving the draft law during its drafting phase, Baitas noted. 'These proposals are grounded in the religious constants of the Kingdom, as well as the social and legal developments observed, with the aim of ensuring family stability and safeguarding the interests of all its members,' he concluded.
