In a judicial incident, the first of its kind, the Court of First Instance in the Moroccan city of Zagora issued a judgment in which it considered that “failure to conclude a marriage contract is not considered a reason for considering the sexual relationship between a man and a woman corrupt”.
This judgment came in connection with a case related to the two misdemeanors of infidelity and participation in marital infidelity.
The aforementioned judicial rapporteur explained that “as long as the two defendants cohabit with husbands, the woman considers herself a legitimate wife. For him and he lives with her, the misdemeanor of marital infidelity and participation in it does not exist, and they must be declared innocent.
Details of the case and the court ruling
Yesterday, Monday, the Zagora City Court of First Instance issued a ruling in a case related to the two misdemeanors of adultery and participation in marital infidelity.
The court of first instance considered through the ruling that the marriage contract not be concluded is not a reason for considering the sexual relationship between a man and a woman as corruption.
The aforementioned judicial decision stressed that “as long as the two defendants cohabit, she considers herself his legal wife and lives with her. The misdemeanor infidelity and participation in it does not exist. They must be declared innocent.
Earlier, the issue of “consensual sexual relations” returned to the fore in the scene in the State of Morocco, after the case known as “Tetouan veiled.” In which a woman, a mother of two children, went out in a sexual video of her, after which she was arrested and imprisoned.
After this case, the “outlaw” movement said that this woman was a victim of sexual exploitation and was photographed without her knowledge.
She demanded that the ruling against her be revoked, and Article 490 of the Moroccan law which penalizes consensual sexual relations without marriage be canceled.
The movement said in a statement that the woman mentioned in the case lived in harsh social conditions. According to a report published by “France 24”
She added that she was sexually exploited for photographic purposes by the owner of the video, who filmed her without her knowledge and posted the clip on websites.
Against the background of this case, the movement launched a campaign last week against the law criminalizing sexual relations outside the institution of marriage.
And through what she called a “digital sit-in” titled # STOP490, “to support” this woman, who was later released, “in the appeals procedures that aim to drop the ruling against her based on Article 490, but also to demand the complete abolition of this law.”
The law is to protect the citizen
Social networking sites in Morocco witnessed a fierce debate between Moroccans, who were divided between supporters and opponents of the law’s abolition.
“The role of the laws is to protect citizens, not send them to Heaven,” said a girl named Bushra, in a tweet in French.
The media, Samir Setayel, participated in the discussion in response to an attack on single mothers.
“You vomit on single mothers who are not ‘Moroccan bourgeois’ – relative to the West -, 500,000 children were born out of wedlock between 2003 and 2010,” Sitayel tweeted in a strong tone. “Pickling” for you. Moroccans to me ”.
And journalist Hajar Raissouni, whose arrest case on charges of “illegal abortion” and “having sex outside of marriage” last year sparked widespread controversy. Before being released by a royal pardon. She said in a tweet to her, wondering: “The bedrooms know what is inside, and a unit employs more than thirty secret workers…”, referring to the tragedy of the “secret” Tangier factory in northern Morocco, in which 28 Prime Time Zone were killed.
It’s not easy
And between supporters and opponents, some tweeters committed themselves to neutrality towards the demand of an outlaw movement to abolish the law that criminalizes sexual relations outside marriage.
One of the tweeters, Margan Al-Zaeem, said: “I honestly say the phrase to all those who want this … Have you thought of building and creating care centers for single mothers and abandoned children?”
Tweeting on behalf of Shaimaa, she affirmed that she is “with the abolition of this law, provided that this passes through sexual education from an early age.”
Are freedoms become a luxury?
For her part, sociologist Sanaa El-Aji, founder and director of publishing the Mariyana website, has published an article about individual freedoms in Morocco.
In it, she said, “Those who consider individual freedoms a luxury before issues of unemployment, education and health, while they disagree, in the end. Who do they consider that the democratic building does not come before bread and water?
Dr. Sanaa Al-Aji considered that “the state is supposed to direct its legislative and legal arsenal to what actually protects the security of citizens, not to what guards their sleeping beds and their reproductive organs.”
And she added, “The state is supposed to punish harassers, thieves, and rapists, not those who choose to live their freedom in a way that suits their religious or sexual convictions.”
Pointing out that “the debate on individual freedoms today drains intellectual energies that we need to direct to other issues, not because it is a secondary debate … but because it is a discussion that we are supposed to have overlooked!
In the midst of this tension, the “outlaw” movement returns to throw the ball in the court of the Moroccan legislator, declaring that “Moroccan law is supposed to protect victims like Hana and not punish them.”
Adding that this “injustice is permissible, only because Article 490 is present in the Penal Code. This same law prevents victims of rape or extortion ‘with sexual tapes’ from submitting a complaint for fear of arrest and indictment.
The Moroccan criminal law review project continues, locked in the Moroccan parliament for years, while it is clear that the political parties in the previous and current government coalition have not been united by any common vision regarding it.
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