Inheritance in the New Moudawana

Inheritance constitutes the most sensitive point of the debate on the Family Code reform. With the evolution of Moroccan society, voices are raised demanding jurisprudence guaranteeing women's rights, particularly regarding "Ta3sib".

The Ta3sib Problem

The current rule poses a problem for families with only daughters, where distant relatives (agnates) share the inheritance. New proposals lean towards:

• The possibility of "testament" in favor of heirs.
• Protecting daughters' rights to the family home.

Ijtihad and Objectives

Reformers rely on the "Jurisprudence of Objectives" (Maqasid) to affirm that justice is the essence of Sharia, and that the current economic context where women contribute to household expenses requires reviewing the distribution system.

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