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The Neoliberalization of Shari'a: A Political Economic History of Morocco's Personal Status Code Reforms
Abstract
In Morocco, there have been two major waves of reform to the personal status code, first in 1993 and then in 2004. Among these reforms were the expansion for the grounds of divorce, stricter regulation on polygyny, and an increase in the minimum age requirement for marriage. While the legal content of Morocco's personal status code resonates with regional trends and has been the subject of important scholarly work, this paper turns its focus to the historical moments and social conditions that shaped these reforms. Taking theoretical cues from Pierre Bourdieu and David Harvey, this paper traces reforms to Morocco's personal status code through the lens of political economic history. The moments when the reforms took shape, in 1993 and 2004, also coincide with comprehensive economic liberalization, primarily following the 1981 structural adjustment program. These liberalization policies entailed a number of measures, including widespread privatization of state-owned enterprises and the implementation of free-trade agreements. In embedding Morocco's personal status code reforms within the process of economic liberalization, this paper dispels any assumed teleology that suggests these changes are part of an inherent democratizing process. Instead, this paper argues that the Moroccan state uses the personal status code reforms as a discursive and legal mechanism for the creation of social conditions that are more amenable to economic liberalization while simultaneously upholding the monarchy's infallibility. Examples of this are articles in the personal status code reforms that lay out the legal parameters regarding property ownership and control over income within the family. Highly lauded in World Bank and International Monetary Fund reports, these articles are interpreted as empowering women by encouraging them to pursue employment and providing a religiously grounded legal framework that protects their property and income in marriage and divorce. In addition to critiquing these notions, this paper examines how the Moroccan state navigates through the tensions between the religious dogma of the personal status code and the neoliberal tenants of economic liberalization.
Discipline
History
Geographic Area
Morocco
Sub Area
Political Economy