The draft law on the organization of the profession of adoul corrects a major aberration: it gives women the right to assert their voice. The decision was born out of a consensus between the ministry, the ulama and the adouls.
A new step in the consecration of women’s rights. If until now in the collective testimony before a religious notary, “lafif adli”, the testimony of a man was worth that of two women, the new bill relating to the regulation of the profession of adoul puts an end to this situation discriminatory. The Ministry of Justice responded favorably to the request of the profession which, since January 2018, has been open to women. This decision of the ministry, endorsed, it should be specified, by the Superior Council of Ulemas, corrects an unjustified anomaly.
The access of women to the profession of adoul is a modernist choice of Morocco in terms of promoting women’s rights and the fight against all forms of discrimination. It should be remembered that this profession of notary under Muslim law was opened to women following a decision by King Mohammed VI. A far-sighted approach on the part of the Commander of the Faithful who had already previously allowed women to become Morchidates and even members of the Council of Ulemas.
New milestone reached
This new provision contained in the preliminary draft law relating to the regulation of the profession – still today with the General Secretariat of the Government – is “applauded” by the National Association of Adouls. For its president, Bouchaib Fadlaoui, “the decision responds to our request, because often on the ground, we could not find the exact number of male witnesses. So this novelty is welcome. For Mr. Fadlaoui, gender does not matter. In the feminist community, this provision is deemed “fair and equal. Otherwise, it would be a major contradiction, even an aberration. From now on, Adoul women enjoy the same rights as their colleagues and can make their voices heard!”.
This new step taken shows a change in mentalities in Moroccan society, according to women lawyers, who believe that “until now, the fact of relying on rigid religious provisions closed the door to women in several situations. “.
Why 12 witnesses?
Pushing further the reflection, these same sources specify that the collective testimony is a traditional process well anchored in the customs of Moroccan society, however the number of 12 witnesses is not justified.
Indeed, the Malekite rite (which moreover does not recognize the right of women to testify, except in the absence of men) does not specify the number at all. “It is a provision of Moroccan law and we have also asked for a reduction of witnesses from 12 to five or six. A claim which for the time being has not been retained in the preliminary draft under discussion”, explains Bouchaib Fadlaoui who does not fail to underline “that the number of witnesses and their sex do not matter. What should rather be pointed out is that women have all the skills to be witnesses. They are precise, rigorous and do not yield easily to possible pressures”. As many qualities required, according to the president of the Association of adouls, in terms of collective testimony which remains necessary to resolve conflicting situations in terms of personal status (marriage, divorce, recognition of paternity and inheritance) or even for land disputes involving assigns or heirs.
A profession that attracts more and more women
It was following the instructions of King Mohammed VI that the profession was opened up to women with a first entrance examination in 2018. Two years later, the first adoul women took the oath: they are 18 out of the 45 adouls that included the class of that year. Today, 220 women practice this profession alongside their male colleagues. According to the president of the National Association of Adouls, “collaboration is going very well in the field. Proof of this is that there are several adoul offices for men and women”. This indicates, according to our source, a major change of mentality within this corporation. “Moroccan families agree to see them draw up marriage certificates without any problem. Whereas before, that was unimaginable”, affirms, for his part, a judge.