Morocco: International Conference on "Family Laws in the Muslim World: Comparative Perspectives"

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International Conference organized by The Esprit de Fès Foundation & The Protection Project at The John Hopkins University on "Family Laws in the Muslim World: Comparative Perspectives" (11-13 Dec 2007) & Workshop on “The Application of the New Mudawana"
Conference Agenda:
Under The Royal Patronage of His Majesty King Mohammed VI

Day One (Tuesday, December 11th)

Welcome Remarks

Speakers:

His Excellency Mohamed Kabbaj, (President of the Esprit de Fès Foundation; Wali of the Greater Casablanca); Dr. Fatima Sadiqi, (Director General of the Esprit de Fès Foundation; Professor of Linguistics and Gender Studies, Sidi Mohamed Ben Abdellah University of Fès, Affiliated to Harvard University); Dr. Mohamed Mattar, (Executive Director, The Protection Project at The Johns Hopkins University School of Advanced International Studies (JHU), Washington, DC, USA); His Excellency the Wali of Fès; His Excellency the Mayor of Fès; Dr. Taoufik El Ouazzani, (President of Sidi Mohamed Ben Abdellah University of Fès); Representative of the Ministry of Justice; Representative of the Ministry of Islamic Affairs; Dr. Zoulikha Naciri, Counsellor to the King

Session 1: Opening Session: Family Laws in the Muslim World: The Need for a Comparative Analysis

Moderator: Dr. Taoufik El Ouazzani, (President of Sidi Mohamed Ben Abdellah University of Fès)

Speakers:

Dr Othman Touijri (Director General of ISESCO) (TBC)
Dr. Radwan ben Khadra, (Legal Advisor to the Secretary General of the League of Arab States) “Family Laws in the Muslim World: A Need for Comparative Analysis, The Arab League Perspective”;
Dr. Naser Ghorbannia, (Member, Faculty of Law; Deputy Director for Research, Mofid University, Qom, Iran); “Family Laws in the Muslim World: A Need for Comparative Analysis”
Dr. Mohamed Mattar, (JHU), “Family Laws in the Muslim World and the International Human Rights Framework on Family Law: A Need for a Comparative Analysis”
Dr. Aicha El-Hajjami, (Faculty of Law, University of Qadi Ayyad, Marrakech), “Introductory Remarks on an International Conference on “Family Laws in the Muslim World: Comparative Perspectives”

Session 2: International Family Law, Islamic Family Laws, and Human Rights: Conflict or Conciliation?

- Topic 1: Basic Principles of International Family Law: A Human Rights Framework
Dr. Saadia Belmir, (Member of the Consultative Council of Human Rights, Advisor to the Minister of Justice)

- Topic 2: Basic Principles of Family Laws in the Muslim World
Dr. Ahmed Abbadi, (Secretary General of the Mohammedia League of the Ulemas);
o Mr. Hossein Jafare Farany, (Faculty of Law, Mofid University)

Session 3: An Introduction to the Moroccan Mudawana: History, Reform, and Groundbreaking Provisions

Moderator: Dr. Rahma Bourquia, (President of the Hassan II University in Mohammedia and Member of the Royal Consultative Commission in charge of the Family Code Reform)

- Topic 1: Mudawana: History and Process of Reform: Civil Society and Political Perspectives
Dr. Fatima Sadiqi, (Director General of the Esprit de Fès Foundation; Professor of Linguistics and Gender Studies, Sidi Mohamed Ben Abdellah University of Fès, Affiliated to Harvard University): “The Centrality of the Mudawana in the Moroccan Feminist Movement”;
o Dr. Nouzha Guessous-Idrissi (Member of the Royal Consultative Commission in charge of the Family Code Reform): “Lessons to be Drawn from the Mudawana Reforms Process”;
o Dr. Moha Ennaji, (Professor of Linguistics and Culture, Sidi Mohamed Ben Abdellah University of Fès, affiliated with Rutgers University): “The Moroccan Religious Guides (“Murshidats”) as Agents of Change”

- Topic 2: Mudawana: History and Process of Reform: The Islamic Scholar’s Perspective
Dr. Aicha El Hajjami, (Faculty of Law, University of Qadi Ayyad, Marrakech)

- Topic 3: Mudawana: Theological Sources and Overview of the New Provisions of the 2004 Mudawana
Dr. Ahmed Khamilchi, (Director of the Dar Al Hadith Al Hassania, Member of the Royal Consultative Commission in charge of the Family Code Reform)

Day Two (Wednesday, December 12th)

Session 1: Family Laws in the Muslim World: Gender Considerations in a Comparative Perspective: Gender Inequality

Moderator: Dr. Mostafa Benhamza, (Professor at the Department of Islamic Studies, University of Oujda, Member of the Royal Consultative Commission in charge of the Family Code Reform)

- Topic 1: Double Inheritance, Double Compensation, and Double Witness Rules
Dr. Ali Skalli, (Dean, Faculty of Shar’ia, and President, Al-Qarwiyyin University, Fès);
Mr. Esmaeil Aghababai, (Department of Research, Mofid University)

- Topic 2: Equality in Family Legal Responsibility and Equality in Rights and Duties
Dr. Khalid Berjaoui, (Professor at the Faculty of Law, University of Rabat);
Mrs. Fakhri Malekmohammad, (Judge, Qom Province, Iran)

Session 2: Family Laws in the Muslim World: Gender Considerations in a Comparative Perspective: The Role of Consent

Moderator: Dr. Mohamed Mattar, (JHU)

- Topic 1: Marital Guardianship (Al Wilaya) and the Requirement of Consent for the Execution of the Marriage Contract
Dr. Mostapha Benhamza, (Professor at the Department of Islamic Studies, University of Oujda, Member of the Royal Consultative Commission in charge of the Family Code Reform);
Mr. Ghodratollah Ebrahimi Farani, (Faculty of Law, Mofid University)

- Topic 2: Polygamy as an Issue of Consent
Dr. Mohamed Gachbour, (Professor at the Faculty of Law, University of Casablanca);
Mr. Gholamreza Peyvandi, (Department of Law, Mofid University)

Session 3: Family Laws in the Muslim World: Gender Considerations in a Comparative Perspective: Unilateral Divorce and Judicial Divorce: To What Extent Does a Wife Have a Right to Divorce her Husband?

Moderator: Dr. Mohamed Gachbour, (Professor at the Faculty of Law, University of Casablanca)

- Topic 1: Grounds for Judicial Divorce (among which “shiqaq”) and Judicial Control over Divorce
Dr. Driss Fakhouri, (Professor of the Faculty of Law at the University of Oujda, Director of the Master’s Program in Family Law);
Dr. Naser Ghorbannia, (Faculty of Law; Deputy Director for Research, Mofid University)

- Topic 2: Limitations and Judicial Control over Unilateral Divorce (especially repudiation)
Dr. Nacer M’tioui, (Coordinator of the Chair for Women, Family, and Children, Professor at the Faculty of Law, University of Fès);
Dr. Naser Ghorbannia, (Faculty of Law, Deputy Director for Research, Mofid University)

- Topic 3: Divorce by Agreement and Sharing of Property and Benefits Accumulated during the Marriage
Ms. Hafida Touta, (Lawyer, Marrakech);
Dr. Abdolmotalleb Ahmadzadeh Bazaz, (Faculty of Law, Mofid University)

Session 4: Best Interests of the Child

Moderator: Dr. Nacer M’tioui, (Coordinator of the UNESCO Chair for “Child, Family and Society”, Professor at the Faculty of Law, University of Fès)

- Topic 1: Child Custody, Paternity and Legal Age of Marriage
Ms. Zhor El Horr, (President of the Family Court in Casablanca, and Member of the Royal Commission Charged with the Drafting of the New Mudawana);
Dr. Driss Hammadi, (Religious Scholar, University of Fès);
Dr. Seyed Masoud Noori, (Member, Faculty of Law, Mofid University; Director of Educational and Research Section of the Center for Human Rights, Mofid University);
Mrs. Maryamossadat Mohaghegh, (Lawyer, Qom, Iran)

- Topic 2: Nationality
Maitre Abedlhamid Belmakhlouf, (Lawyer, Fès);
Mr. Mahdi Firoozi, (Researcher, Mofid University)

Day Three (Thursday December 13th)

Session 1: Harmful Customary Practices and Violence against Women in the Context of Family Law

Moderator: Dr. Mohamed Mattar, (JHU)

- Topic 1: Right to Discipline and Violence against Women
Dr. Najat Razi, (Faculty of Law at the University of Mohammadia, Scholar and Activist, Specialist on Violence against Women);
Dr. Mohammad Madhi Meghdadi, (Faculty of Law, Mofid University)

- Topic 2: Trafficking as a Form of Violence against Women
Dr. Mohamed Mattar, (JHU);
Mr. Driss Najim, (Advisor to the Minister of Justice, Morocco): “Morocco’s Efforts in Combating Human Trafficking”

Session 2: Lessons Learned form Morocco

Moderator: Dr. Moha Ennaji, (Professor of Linguistics and Culture, Sidi Mohamed Ben Abdellah University of Fès)

o Ms. Khadija Amiti, (Sociologist, Director of Center for Family Counseling, Morocco): “Lessons from Moroccan Women’s Unique Networking”
Dr. Fatima Sadiqi, (Director General of the Esprit de Fès Foundation; Professor of Linguistics and Gender Studies, Sidi Mohamed Ben Abdellah University of Fès, Affiliated to Harvard University): “Lessons from Moroccan Women’s Academic Impact”

Closing Session: Agenda for Reform in the Muslim World

Moderator: Dr. Mohamed Mattar, (JHU)

- Topic 1: Civil Society and Activism toward Reform

Dr. Ghada Ibrahim, (Lawyer, Lebanon): “The Lebanese Experience”
Dr. Tehani El-Gebali, (Supreme Constitutional Court of Egypt): “The Egyptian Experience”
Dr. Reem Abu Hassan, (President of the Jordan Chapter of the International Women’s Forum): “The Jordanian Experience”

Moderator: Dr. Mohamed Mattar (JHU)

- Topic 2: Family Law Reform: New and Draft Legislation in the Muslim World

Dr. Qouidri Khira, (Professor at the Faculty of Law at the University of Algiers, Algeria);
Dr. Nagwa Sadek El Mahdy, (Vice-President of Administrative Prosecution Authority and Councellor at Parliament, Egypt);
Dr. Khalid Kadfoor Al-Mehairi, (Lawyer, Emirates Advocates, Dubai, United Arab Emirates)

Closing Remarks

Speakers:
Dr. Mohamed Mattar, (Executive Director, The Protection Project at The Johns Hopkins University, Washington, DC, USA);
Dr. Fatima Sadiqi, (Director General of the Esprit de Fès Foundation; Professor of Linguistics and Gender Studies, Sidi Mohamed Ben Abdellah University of Fès, Affiliated to Harvard University)

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Under The Royal Patronage of His Majesty King Mohammed VI

A WORKSHOP ON: “THE APPLICATION OF THE NEW MUDAWANA: ACHIEVEMENTS AND CHALLENGES”
DECEMBER 14, 2007 FÈS, MOROCCO

Agenda

Session 1: The Judiciary and the Application of the New Mudawana

Moderator: M. Omar Lamine, (Judge at the Supreme Court, Morocco)

- Topic 1: Application of the New Mudawana: Findings from Field Research in Marrakech and Immentanout

The Judge and the Application of the New Mudawana: Results from field research in Marrakech and Immentanout: Dr. Aicha El Hajjami, (Faculty of Law, University of Qadi Ayyad, Marrakech);
Emerging Trends: A Discussion of Court Decisions in Marrakech and Immentanout: Ms. Hafida Touta, (Lawyer, Marrakech)

- Topic 2: Application of the New Mudawana: Findings from Field Research in Rabat, Kenitra and Tanger

The Judge and the Application of the New Mudawana: Results from field research in Rabat, Kenitra and Tanger: Dr. Malika Benradi, (Professor at the Faculty of Law at the University of Rabat);
Emerging Trends: A Discussion of Court Decisions in Rabat, Kenitra and Tanger: Ms. Rabha Zedguy, (Director General for Administrative Reform, Ministry for the Modernization of the Public Sector)

Session 2: Prospects for a More Efficient Judiciary in the Application of the New Mudawana

Moderator: Dr. Aicha Belarbi, (Feminist Scholar, Ex-First Ambassador to the European Commission)

- Topic 1: Mediation or Litigation (Family Courts)?

M. Omar Lamine, (Judge at the Supreme Court)

- Topic 2: Role of the State: Empowerment of the Judiciary System

M. Mohamed Farchado, (Head of the Division of Family Law/Justice, Ministry of Justice)

Session 3: The Ordinary Citizen and the Application of the New Mudawana: Public Awareness, Education, and Assistance

Moderator: Ms. Amina Magdoud, (Profesor at the Faculty of Law, Sidi Mohamed Ben Abdellah University of Fès)

- Topic 1: Public Awareness and Education

Dr. Aicha Belarbi, (Feminist Scholar, Ex-First Ambassador to the European Commission): Perceptions of the New Mudawana among the Youth;
Dr. M. Ahmed Kostas, (Director of the Department for Islamic Affairs, Ministry for Religious Affairs): “Public Awareness and Education: The Role and Efforts of the Ministry for Religious Affairs”
Dr. Khadija Chaker, (General Inspector in Charge of Pedagogical Affairs, Ministry of National Education): “Integrating Human Rights and Citizenship in Moroccan School Curricula”
Ms. Fouzia Assouli, (Secretary General of the League for the Rights of Women): “Public Awareness and Education: The Role and Efforts of Civil Society”

- Topic 2: Public Assistance and Support

M. Mohamed Farchado, (Head of the Division of Family Law/Justice, Ministry of Justice): “Creation of a Fund for Family Assistance”

Closing Remarks:

Application of the New Mudawana: A Balance Sheet

Speakers:
Dr. Fatima Sadiqi, (Director General, Esprit de Fès Foundation; Professor of Linguistics and Gender Studies, University of Fès, Affiliated to Harvard University);
Dr. Aicha El Hajjami, (Faculty of Law, University of Qadi Ayyad, Marrakech)