Against the backdrop of calls for a radical change to the Family Code, Muhammad Saeed Banani, a member of the Royal Committee for the Review of the Constitution in 2011, said, “We cannot deal with controversial issues with the logic of calculating the lot because they are issues that contain textual and mental evidence and cannot be easily revolted against.”
He gave examples of this, including the controversy surrounding the inheritance between public order and the jus cogens, and the problem raised about equality in it can be solved by the brother’s waiver to his sister, and he does not consider this waiver as a departure from the Sharia, while it is considered a departure from it in the event of their marriage.
During his speech at a symposium organized by the National Council for Human Rights last Friday at the International Book Fair in Rabat, he referred to what was written by specialists in the controversy surrounding the problems facing those who try to combine what is religious and what is human rights. The duality of law and Sharia in the Islamic world is one of the chronic problems intellectually and one of the most difficult.
Also, the late Abd al-Majid Ghumaija, the former director of the Judicial Institute, who wrote a book entitled “The Supreme Council’s Position on the Duality of Law and Jurisprudence in Personal Status,” in which he dealt with the most prominent problems facing the judge as he considered the cases presented and whose provisions are stipulated in positive law and Islamic jurisprudence.
He called for evoking the joke that Moroccans think with two heads, a paradox that prompted an American citizen when he heard about it to travel to Morocco to learn about it in the field.
The joke says that this American sat next to a Moroccan, and the plane was scheduled to land in Paris before resuming its flight to Morocco, so the American took the opportunity to ask the Moroccan about his destination, and he replied that “a head tells him to sit in Paris, and another head tells him to continue your trip to Morocco.” .
He said, “This joke expresses what we live in, and consideration of controversial issues should be done in the light of religious thought and cosmic thought, which was expressed by the legal jurist Abd al-Razzaq al-Sanhouri by calling him to” think about religious issues using the methods of Western thought.
Bennani called for creativity in finding appropriate solutions to these contentious issues, considering that those who hold the opinion of the need to adhere to the religious reference and those who hold the opinion that it is necessary to cling to the universal reference will remain the two teams “in the category of imitation.”
