Moroccan Cheikh Mohammed Maghraoui has caused indignation among rights groups and citizens who denounce his recent fatwa authorising the marriage of nine-year-old girls.
Opponents to Cheikh Mohammed Maghraoui's fatwa say the marriage of nine-year-old girls is a violation of human rights in general, and children's rights in particular.
Maghraoui said that at the age of nine, girls are capable of marriage, just like Aisha was when the Prophet Mohammed married her.
"We thought we were rid of those problems after the passage of the family code, which included a number of guarantees to protect children from early marriage, and after setting up the Fatwa Council," the Democratic League of Women’s Rights (LDDF) said in a statement.
The fatwa "endorses rape and child abuse of a nine-year-old child," the LDDF statement continued, adding that the organisation believes the fatwa goes against the children rights' convention and the traditions of the Moroccan people.
Morocco's new family code states that men and woman are eligible for marriage only at the age of 18. It also states that marriage for individuals below the legal age can be sanctioned only by a judge. The law allows the judge to grant such an authorisation only if he finds the marriage to be in the best interest of the parties involved, and only after consulting with the minor’s parents or legal guardian and with consideration paid to medical counselling and the findings of social research.
Cheikh Maghraoui's fatwa was issued in response to a question on whether a woman can get married before reaching the age of menstruation. In his answer, El Maghraoui said that marriage was not linked to menstruation. According to El Maghraoui's website, the fatwa had received 1,642 reads as of September 9th – more than other fatwas on the site – after it was picked up by several local newspapers.
Attorney Mourad Bakouri told the press on Thursday (September 11th) that he filed a lawsuit against Maghraoui for calling for the abuse of minors.
"I have lodged a complaint against this infringement upon the Family Code, the rights of children and the risk of rape," said the lawyer.
"It made us feel the danger that is threatening our families and social stability," said Najat Anwar, president of the Don't Touch My Child association. Religious leaders such as Maghraoui should not be allowed to issue such verdicts freely, she said.
Islamic scholar Abdelbari Zemzem told reporters that the fatwa is unacceptable from a religious point of view. The marriage of underage girls is inapplicable to modern societies, he said, where no ethical, religious or social interest could possibly authorise the marriage of a nine-year-old girl.
Many Moroccan citizens agree.
University student Khaled Najib said such fatwas distort religion and "give enemies of Islam a good reason to attack us and call us backward-minded."
Housewife Fatima Banani said "I do not think any two sane parents who care about the best interests of their daughter, who is still below the age of menstruation, will marry her off, even if the suitor is a good and honourable man."
By Imane Belhaj for Magharebia in Casablanca
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