Courts in Morocco … Anecdotes and Jurisprudence

Laughter, smiles and sometimes even comic situations break the “strong and strict atmosphere”, which usually prevails in courtrooms in Morocco, in which laughter or humor is forbidden, given the dignity of this system. Some judges themselves amid bold and decisive decisions.

The Wonders of the “Corona Evidence”

Perhaps the paradox that draws the curiosity of many people to the anecdotes and ridiculous facts that take place in courtrooms, is that these spaces are adapted by the rule of law with due seriousness and determination and due respect and full respect for the place where laughter is. is prohibited and photography is prohibited.

Newspapers and social media are full of stories about anecdotes and funny situations that have occurred in the courts, witnessed by judges, lawyers, witnesses or participants involved in those hearings and broadcast in language.

Al-Sharqawi Al-Qasimi, a researcher in legal sciences, recounts a situation that occurred in one of the Moroccan courts, during a “remote trial”, at the height of the Corona pandemic, which necessitated the work of the virtual court. the system where the accused stays inside his prison room and is communicated by the judge and lawyers through video technology. According to Al Qasim, “The video call was abruptly interrupted by a prisoner accused of violence against his parents. The judge only said, denouncing how communication does not stop, and this is a crime for which the throne of the Merciful has been shaken. . “

In the context, a local Moroccan newspaper reported: “After the broadcast of a trial ended remotely, the accused continued to perform acrobatic movements in his room, in which he was imprisoned, thinking that the broadcast was over, and he did not inform that his ridiculous moves were followed by all who were in the virtual hearing, to reprimand the accused judge and the prison officer who was supervising him. “

Judge and “cook of hearts”

Lawyer Muhamed Qaldi tells “Independent Arabia” one of the court anecdotes he has seen. He says: “A young man accused of a misdemeanor for theft was shedding tears throughout the court hearing and swore with the strongest oath that he was innocent of the charges against him.” He adds that “suspicion has flowed in the mind and heart of the young man due to the penetrating glances that the judge was directing at him, as well as the duration of the review of the file in the hands of the head of the court, but the surprise was that the judge announced the verdict of innocence. but the hands of the security guards prevented him from getting involved in another charge of noise during the court hearing, according to chapter 43 of the law.

As for Abdul Karim, a young man in his thirties, he says: “The family judge asked the young man’s fiancée, who intended to marry him, about the reason for her desire to get married and she was a few weeks away. by legal age (18 years old) and she replied that they cook better, to which he replied. The judge said the path closest to the man’s heart is through the stomach. He added that the judge felt naive and polite to the girl and that he could authorize marriage to her as she is an orphan and had approached the age of marriage and asked the young man to bring his future wife well , because it is an improvement (Cooking hearts).

Bold jurisprudence

In another aspect of the Moroccan courts, a series of jurisprudence followed, which observers and stakeholders regarded as a smooth judicial revolution in the country.In a precedent of its kind in Morocco, the family judiciary in the Court of First Instance in Rabat refused to force his wife into cohabitation after the husband filed a lawsuit against her, accusing her of refusing to have sex with her. In justifying the court decision, it was stated that “Islamic law did not make marriage merely an instinct and a passing judgment, but combined it with the etiquette of cohabitation that must be respected by the spouses when the atmosphere is clear between them. , and therefore the obligation of the wife to have intercourse contradicts the purpose of the marriage. ”

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This particular court decision sparked a series of debates and comments, most of which went towards praise and appreciation, including what Islamic scholar Rafiqi Abu Hafs considered that “Moroccan law based on traditional jurisprudence does not believe in (marital rape) and that “This decision is a motive to reconsider these kinds of issues.”

Another judicial precedent is the granting of the Tangier (North) court the right of a child born outside the institution of marriage to belong to his biological father and the right of his mother to receive compensation for the damage caused by him as a result of a birth outside the institution of marriage.

Decisions of adultery

Among the thrilling court rulings was the one issued by the Court of Cassation in Morocco last November in connection with the release of a married minor woman for the offense of adultery. According to the “Legal Memorandum”, the event occurred in 2019, when the police arrested a minor girl in the act of adultery, based on the denunciation of the husband, so that the Public Prosecution in pursuit of the girl on charges of adultery, before The Court of Cassation acquitted the person in question, because “the juvenile does not consider her will in the relations of citizenship with others as long as the legislator considered him a victim of incomplete discrimination, and gave him legal protection and took into account any sexual contact with her, even if she wanted to, constitutes a crime of indecent rape of a minor.

In another extraordinary jurisprudence, the Court of Cassation in Morocco issued a decision approving scientific evidence represented by genetic experience to prove crimes of adultery, in addition to the means of proof specified exclusively in Chapter 493 of the Criminal Code.

Chapter 493 specifies the means of proving the criminal offense of adultery in the “official record written by a judicial police officer in flagrante delicto, or on the basis of a confession contained in letters or papers issued by the accused or in a court confession”.

In a new extraordinary jurisprudence from a Moroccan court in the city of Mysore (east), it was decided to transfer two children from an educational institution at the request of the mother, due to a dispute with her husband and in detail, according to According legal note, the wife was forced to leave the marital home to settle with her family, accompanied by her two children, who are continuing their studies. And when she wanted to get a certificate of departure for the two children from the school principal, to enroll them in another near her family residence, she was surprised by the refusal of the school principal, who determined that the legal representative, i which. is the father, to be present.

Quiet judicial revolution

Legal and human rights scholar Abdul-Ilah al-Khudari comments on these jurisprudences issued from time to time, as they constitute a kind of quiet revolution in the face of bad laws, by some judges, who are fed up with the contradictions they find. themselves facing, between the necessity to turn to operating laws, which are based on rules and concepts, some of which are no longer appropriate to the developments of the time, and human and legal consciousness, which is a strong conviction . among many of them.

In an exclusive interview, Al-Khudari continues, “These interpretations of trials are a natural culmination of judges’ saturation with a culture of human rights, which motivates them to consider the cultural, social and psychological considerations that surround the core. contrary to the principle of abstract application of the law. “He believes that” marital relations today have become obligatory for both parties to respect human rights principles “, noting that” if sound values people seek a good coexistence, then judges have complained about laws that limit their beliefs, and they are now in conflict between an unfair legal arsenal, problems and disputes that require deepening vision and respect for international agreements, especially those related to with International Human Rights Law.

The war between two minds

Al-Khoudari goes on to explain, “Forcing a woman to have intercourse is done as marital rape, and therefore the judge has the right to take into account her will and desire to issue his decision. By rejecting the incident, the judiciary The Moroccan has achieved a qualitative breakthrough in dealing with a human rights issue that has achieved the desired justice in favor of the woman. The same goes for the Judge that the husband should return the woman to their home without forcing her the latter.

Regarding the decisions made regarding births outside the (legal) institution of marriage, which judge the son’s affiliation to his biological father, the researcher describes them as “rights and saviors for thousands of children born outside the marital institution, especially as this phenomenon has turned into a serious dilemma, due to the blocking of the social horizon of these children, and many of them migrated towards homelessness and crime, as a result of the feeling of being an infant, while science and technology became guarantors of determination in the son’s affiliation with his biological father. He added that “the dilemma is manifested in the fact that these rulings, which are often given in the first instance, are annulled on appeal or overturned in the Court of Cassation, which shows that there is a conflict between two mentalities, one. of which it is progressive and interacts positively with developments in reality and the latter is conservative that refuses to deviate from saying the legal text.

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