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Pro-Women Legal Reform in Morocco: Is Religion an Obstacle?

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  • Chaara, Imane

Abstract

The question of the role of modern law in triggering social change is of particular importance in societies where customs and norms support the marginalization of some social groups. The conventional view is that the success of the formal law is constrained by the system of informal rules and values which support the prevailing customs, and the law therefore appears as a 'dead letter'. Aldashev et al (2011) mitigate this pessimistic scenario by formally showing that the law has, under certain conditions, the effect of making the custom evolve in the direction of the law. One of the conditions to achieve this effect is the identification of agents with the new law. In this paper, we focus on the adherence of agents to a pro-women legal reform in Morocco, the reform of the Family Code which is religious-inspired legislation. We use a unique database created from a survey we conducted in Morocco in 2008 to provide some evidence about the factors which drive conservative positions with respect to a progressive legal reform. We observe that women who are benefiting from the reform are not unanimously in favour of it. Conversely, a non-negligible part of the male population strongly supports the new legislation. In order to explain these behaviours, we mainly focus on three specific factors: education, location and religion. Contrary to what naïve beliefs would suggest - rural men with a low level of education and intense religious practice express a lower support to the new Family Code -, we find that there is no straightforward relation between the three aforementioned factors (education, location and religion) and the support of the new legislation. Another precondition to the effect stressed by Aldashev et al. (2011) is that agents have sufficient information about the law. The data analysis leads to an unexpected finding: living in rural areas is, in some cases, positively and significantly associated with a higher probability of being properly informed than living in Casablanca city, the economic centre of the country.

Suggested Citation

  • Chaara, Imane, 2011. "Pro-Women Legal Reform in Morocco: Is Religion an Obstacle?," Proceedings of the German Development Economics Conference, Berlin 2011 17, Verein für Socialpolitik, Research Committee Development Economics.
  • Handle: RePEc:zbw:gdec11:17
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    References listed on IDEAS

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    1. Posner, Richard A, 1997. "Social Norms and the Law: An Economic Approach," American Economic Review, American Economic Association, vol. 87(2), pages 365-369, May.
    2. repec:cup:apsrev:v:80:y:1986:i:04:p:1095-1111_18 is not listed on IDEAS
    3. Aldashev, Gani & Chaara, Imane & Platteau, Jean-Philippe & Wahhaj, Zaki, 2012. "Using the law to change the custom," Journal of Development Economics, Elsevier, vol. 97(2), pages 182-200.
    4. Cameron,A. Colin & Trivedi,Pravin K., 2008. "Microeconometrics," Cambridge Books, Cambridge University Press, number 9787111235767, October.
    5. Edward C. Norton & Hua Wang & Chunrong Ai, 2004. "Computing interaction effects and standard errors in logit and probit models," Stata Journal, StataCorp LP, vol. 4(2), pages 154-167, June.
    6. Platteau, Jean-Philippe, 2008. "Religion, politics, and development: Lessons from the lands of Islam," Journal of Economic Behavior & Organization, Elsevier, vol. 68(2), pages 329-351, November.
    7. Gani Aldashev & Imane Chaara & Jean-Philippe Platteau & Zaki Wahhaj, 2012. "Formal Law as a Magnet to Reform Custom," Economic Development and Cultural Change, University of Chicago Press, vol. 60(4), pages 795-828.
    8. Erica Field & Attila Ambrus, 2008. "Early Marriage, Age of Menarche, and Female Schooling Attainment in Bangladesh," Journal of Political Economy, University of Chicago Press, vol. 116(5), pages 881-930, October.
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