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In a pivotal session of the Moroccan Parliament, Justice Minister Abdellatif Wahbi upheld the controversial provision regarding “judicial assembly” in the revised legal framework governing notaries, which allows for the inclusion of both male and female witnesses. This decision ignites significant debate around gender equality in judicial testimony, spotlighting the delicate balance between tradition and progressive reform in Moroccan law.
Revisiting the Judicial Assembly
During a public session of the House of Representatives on April 28, 2026, Minister Wahbi defended the existing provision that mandates a judicial assembly of 12 witnesses, drawing from Maliki jurisprudence. He asserted that legislative clarity on the gender of witnesses is unnecessary, allowing judicial discretion to determine the appropriateness based on individual cases.
Wahbi emphasized Morocco’s judicial shift towards equality in testimony, highlighting that, in certain circumstances, a single female witness could be considered sufficient. “The specification of witness gender is a matter for the judge to decide based on the intricacies of each case,” he stated, indicating a more flexible interpretation of the law.
Political Controversy and Legislative Dissent
Wahbi’s position, however, has sparked considerable contention among lawmakers. Abdullah Bouano, head of the Justice and Development parliamentary group, warned that retaining a broad definition could inadvertently increase the number of required witnesses. He advocated for a definitive cap of 12 witnesses and proposed reducing that number to 6 to streamline judicial processes.
Echoing these concerns, MP Said Baaziz called for clearer stipulations that precisely outline the number of witnesses to prevent any ambiguity. He recommended limiting the total to four witnesses while insisting on explicit language to clarify if witnesses should be exclusively male, female, or both.
Notably, MP Fatima Tamani underscored the constitutional mandate for equality, urging the drafting of precise legal language to avoid interpretations that might compromise clarity or perpetuate discrimination. Her comments highlight a growing demand for reform within the legal framework to reflect contemporary values of gender equality.
Calls for Reform Amid Tradition
The Council for Economic, Social, and Environmental Affairs previously criticized the continued reliance on the traditional witness requirement, arguing that the stipulation of 12 witnesses is out of step with social and demographic changes. In light of evolving societal norms, the council has urged a comprehensive review of this requirement to enhance efficiency within the justice system.
As the Moroccan Parliament moves forward, the discussions surrounding this proposed legislation illustrate a dynamic interplay between traditional legal practices and the urgent call for progressive reform — a balancing act that is emblematic of broader societal shifts within the country.
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- Morocco Justice System
- Gender Equality in Law
- Judicial Assembly
- Notary Regulations
- Witness Requirements
- Legal Reform
- Maliki Jurisprudence
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The Moroccan Parliament debates gender equality in judicial testimony as Justice Minister Wahbi upholds the controversial “judicial assembly” provision.
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Is Moroccan law ready for gender equality? A heated debate unfolds in Parliament over witness requirements in the quest for justice reform.
