Title Reforming family law : social and political change in Jordan and Morocco / Dörthe Engelcke, Max-Planck-Institut für ausländisches und internationales Privatrecht, Germany

Published Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019

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Description 1 online resource Series Cambridge Middle East studies ; 55 Cambridge Middle East studies ; 55. Contents Cover; Half-title; Series information; Title page; Copyright information; Dedication; Contents; Figures; Tables; Acknowledgments; Note on Transliteration; Acronyms; 1 Introduction; Family Law and State Control; Moving Beyond the Gender Focus; Authoritarianism: Functionalism and Its Pitfalls; Fields, Autonomy, and Cultural Capital; The Impact of International Law; What Is a Reform and How Does It Happen?; Notes on Methodology and Sources; Organization of the Book; 2 Colonial Legal Legacies and State-Building; Law and State Power before the Creation of the Jordanian Mandate The Tanzimat: Centralizing the Legal SystemThe Ottoman Law of Family Rights of 1917; The British Mandate; Legal Reforms Implemented after Independence; Law and State Power before the Creation of the Moroccan Protectorate; The French Protectorate; Legal Reforms Implemented after Independence; Conclusion; 3 The Contemporary Legal Systems; The Jordanian Judicial Fields: Religious and Regular Courts; Judges' Cultural Capital in Jordan; Religious Capital in the Courtroom; Women in the Jordanian Judiciary; The Moroccan Judicial Field: A Unified System; Judges' Cultural Capital in Morocco Women in the Moroccan JudiciaryInternational Law and Gender Equality in the Constitution; Conclusion; 4 The Impact of International Law; Institutional Change as a Result of the CEDAW; Negotiating the CEDAW: The State, Women's Groups, and the UN; The Jordanian Government's Engagement with the CEDAW; The Moroccan Government's Engagement with CEDAW; Advocacy for and against CEDAW; The Campaigns for and against Lifting All Reservations to CEDAW; Opposition against CEDAW in Jordan; Opposition against CEDAW in Morocco; Islamists Attending CEDAW Meetings; Composition of the CEDAW Delegations Conclusion5 The Process of Family Law Reform in Jordan; The Actors Involved in Family Law Reform; The Issuing of the 2001 Amendments by Royal Decree; The 2003 Parliamentary Debate over the Amendments; The Campaign Following the First Parliamentary Blockade in 2003; The SJD Takes Control of the Reform Process; The Absence of the King: No Legacy to Build On; New Calls for Family Law Reform; Conclusion; 6 The Process of Family Law Reform in Morocco; The Actors Involved in Family Law Reform; The PANAFID; The 2004 Family Law; Religious Sector Reform The Role of the King: Walking in His Father's FootstepsNew Calls for Family Law Reform in 2012; Conclusion; 7 Contested Issues of Jordanian Family Law; Marriage of Minors; Wilāya Provisions; Divorce; Khulʿ Divorce; Divorce by Repudiation (ṭalāq); Reconciliation: Private Problems Become Public Issues; Polygyny; Inheritance; Conclusion; 8 Contested Issues of Moroccan Family Law; Marriage of Minors; Wilāya Provisions; Wilaya as Marriage Guardianship for Women; Wilaya and the Relationship between Men and Women's Obligations; Divorce: Repudiation and Judicial Divorce Summary "When Morocco issued a new family law in 2004, the reactions were overwhelming. The law was praised as a societal revolution that brought great improvements for Moroccan women, and women's groups celebrated the reform as one of their biggest achievements. There was little doubt that the law marked "a turning point." The 2004 reform was the first time a new family code was issued since Morocco had codified its family law, right after independence, over the course of the years 1957 and 1958. In 1993 a number of amendments were issued to the family code for the first time since the 1950s, but they remained limited in comparison to the 2004 family code. King Muhammad VI had announced the 2004 reform on October 10, 2003, in the presence of French President Jacques Chirac, emphasizing the importance of the project not only for Moroccan women but also for the external relations of the monarchy. The French head of state then gave a speech in front of the Moroccan parliament praising the new gender relations promoted by the code and portrayed the new law as a step towards democratization. When the code was finally issued on February 5, 2004, it had already been translated into multiple languages to be handed out to journalists from around the world who had been invited to cover the event. The international media were indeed quick to commend Morocco for "boosting women's rights." Overnight, Morocco became the example of family law reform in the Middle East and North Africa (MENA) region"-- Provided by publisher Notes Based on the author's thesis (doctoral - University of Oxford, 2014) issued under title: Processes of family law reform : legal and societal change and continuity in Morocco and Jordan Print version record Subject Domestic relations -- Morocco Domestic relations -- Jordan Law reform -- Morocco Law reform -- Jordan POLITICAL SCIENCE -- Government -- International. LAW -- Administrative Law & Regulatory Practice. Domestic relations. Law reform. Jordan. Morocco. Form Electronic book ISBN 9781108634342 1108634346 9781108757294 1108757294

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