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CONTACT: Fatima Sadiqi - sadiqi_fatima@yahoo.fr

Under The Royal Patronage of His Majesty King Mohammed VI

International Conference

Organized by

The Esprit de Fès Foundation and

The Protection Project at The Johns Hopkins University

“Family Laws in the Muslim World:

Comparative Perspectives”

December 11-13, 2007

Palais des Congrès

Fès, Morocco

Conference Agenda

Day One (Tuesday, December 11^th

Welcome Remarks

9-10AM

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

10-11:30AM

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”

(11:30-11:45AM Break)

Session 2: International Family Law, Islamic Family Laws, and Human Rights:

Conflict or Conciliation?

11:45-1:15PM

Moderator: Dr. Mohamed Mattar (JHU)

- Topic 1: Basic Principles of International Family Law: A Human Rights Framework

o 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

o Dr. Ahmed Abbadi, (Secretary General of the Mohammedia League of the Ulemas);

o Mr. Hossein Jafare Farany, (Faculty of Law, Mofid University)

(1:15-2:30PM Lunch)

Session 3: An Introduction to the Moroccan Mudawana:

History, Reform, and Groundbreaking Provisions

2:30-4:30PM

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

o 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

o 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

o 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 12^th)

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

9-10:45AM

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

o Dr. Ali Skalli, (Dean, Faculty of Shar’ia, and President, Al-Qarwiyyin University, Fès);

o Mr. Esmaeil Aghababai, (Department of Research, Mofid University)

- Topic 2: Equality in Family Legal Responsibility and Equality in Rights and Duties

o Dr. Khalid Berjaoui, (Professor at the Faculty of Law, University of Rabat);

o Mrs. Fakhri Malekmohammad, (Judge, Qom Province, Iran)

(10:45-11:00AM Break)

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

11-1PM

Moderator: Dr. Mohamed Mattar, (JHU)

- Topic 1: Marital Guardianship (Al Wilaya) and the Requirement of Consent for the Execution of the Marriage Contract

o 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);

o Mr. Ghodratollah Ebrahimi Farani, (Faculty of Law, Mofid University)

- Topic 2: Polygamy as an Issue of Consent

o Dr. Mohamed Gachbour, (Professor at the Faculty of Law, University of Casablanca);

o Mr. Gholamreza Peyvandi, (Department of Law, Mofid University)

(1:00-2:30PM Lunch)

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?

2:30-4:30PM

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

o Dr. Driss Fakhouri, (Professor of the Faculty of Law at the University of Oujda, Director of the Master’s Program in Family Law);

o Dr. Naser Ghorbannia, (Faculty of Law; Deputy Director for Research, Mofid University)

- Topic 2: Limitations and Judicial Control over Unilateral Divorce (especially repudiation)

o Dr. Nacer M’tioui, (Coordinator of the Chair for Women, Family, and Children, Professor at the Faculty of Law, University of Fès);

o 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

o Ms. Hafida Touta, (Lawyer, Marrakech);

o Dr. Abdolmotalleb Ahmadzadeh Bazaz, (Faculty of Law, Mofid University)

(4:30-4:45 PM Break)

Session 4: Best Interests of the Child

4:45-6:30PM

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

o 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);

o Dr. Driss Hammadi, (Religious Scholar, University of Fès);

o Dr. Seyed Masoud Noori, (Member, Faculty of Law, Mofid University; Director of Educational and Research Section of the Center for Human Rights, Mofid University);

o Mrs. Maryamossadat Mohaghegh, (Lawyer, Qom, Iran)

- Topic 2: Nationality

o Maitre Abedlhamid Belmakhlouf, (Lawyer, Fès);

o Mr. Mahdi Firoozi, (Researcher, Mofid University)

Day Three - thursday, december 13^th

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

9-10:30AM

Moderator: Dr. Mohamed Mattar, (JHU)

- Topic 1: Right to Discipline and Violence against Women

o Dr. Najat Razi, (Faculty of Law at the University of Mohammadia, Scholar and Activist, Specialist on Violence against Women);

o Dr. Mohammad Madhi Meghdadi, (Faculty of Law, Mofid University)

- Topic 2: Trafficking as a Form of Violence against Women

o Dr. Mohamed Mattar, (JHU);

o Mr. Driss Najim, (Advisor to the Minister of Justice, Morocco): “Morocco’s Efforts in Combating Human Trafficking”

(10:30-10:45AM Break)

Session 2: Lessons Learned form Morocco

10:45-11:45PM

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”

o 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”

(11:45-1:15PM Lunch)

Closing Session: Agenda for Reform in the Muslim World

1:15-2:15PM

Moderator: Dr. Mohamed Mattar, (JHU)

- Topic 1: Civil Society and Activism toward Reform

o Dr. Ghada Ibrahim, (Lawyer, Lebanon): “The Lebanese Experience”

o Dr. Tehani El-Gebali, (Supreme Constitutional Court of Egypt): “The Egyptian Experience”

o Dr. Reem Abu Hassan, (President of the Jordan Chapter of the International Women’s Forum): “The Jordanian Experience”

(2:15-2:30PM Break)

2:30-3:30PM

Moderator: Dr. Mohamed Mattar (JHU)

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

o Dr. Qouidri Khira, (Professor at the Faculty of Law at the University of Algiers, Algeria);

o Dr. Nagwa Sadek El Mahdy, (Vice-President of Administrative Prosecution Authority and Councellor at Parliament, Egypt);

o Dr. Khalid Kadfoor Al-Mehairi, (Lawyer, Emirates Advocates, Dubai, United Arab Emirates)

(3:30-3:45PM Break)

Closing Remarks

3:45-4:30PM

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)

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

Mudawana (Arabic: مدونة) is the family code of Morocco

Agenda

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

9-11AM

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

o 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);

o 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

o 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);

o 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)

(11-11:15AM Break)

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

11:15-12:45AM

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

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

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

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

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

(12:45-2 PM Lunch)

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

2:00-4:00PM

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

- Topic 1: Public Awareness and Education

o Dr. Aicha Belarbi, (Feminist Scholar, Ex-First Ambassador to the European Commission): Perceptions of the New Mudawana among the Youth;

o 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”

o Dr. Khadija Chaker, (General Inspector in Charge of Pedagogical Affairs, Ministry of National Education): “Integrating Human Rights and Citizenship in Moroccan School Curricula”

o 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

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

(4:00-4:15PM Break)

Closing Remarks:

Application of the New Mudawana:

A Balance Sheet

4:15-5:00PM

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)

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