Freedom of religion in Morocco

Following the invasion of the Maghreb in 698 c.e., the Muslim states controlling territories that roughly correspond to present day Morocco had relatively tolerant attitudes toward their Christian and Jewish subjects, who were considered "people of the book", although they were required to pay a special religious tax known as jizya.[5] Berbers who did not profess Abrahamic religions, however, were forced to convert to Islam. Following the Berber Revolt, the Moroccan region was divided into several Berber states, some of which maintained Islam as a state religion, while others founded syncretic religions which mixed elements of Islamic, polytheistic, and Jewish religious practice.[6]

While Christianity would largely disappear from the region over the following century, this has been attributed to a combination of social and economic pressure, as well as the waning prestige and influence of the Christian Church in the region, rather than to persecution.[5][7] Meanwhile, the Jewish community expanded, particularly in the then-new city of Fez (founded in 789), and experienced a golden age, which would last until roughly the 11th century. In 1033 as part of a broader military conflict, there was a massacre of Jews in Fez by invaders of the Banu Ifran tribe, with thousands killed and many sold into slavery.[8] The rule of the early Muslim dynasties in al-Andalus and the Maghreb comprised what is referred to as a golden age of Jewish culture, which would continue until the rise of the Almohad Caliphate.[9]

The Almoravid dynasty which came to power in the 11th century imposed stricter interpretations of Islamic law on its territories, comprising the western parts of modern Morocco, as well as the southern half of Iberia. While their rule was mostly free of major abuses against religious minorities, social hostility against them increased.[10] Additionally, some explicitly anti-Jewish laws were enacted, such as a ban preventing Jews from living in the new Almoravid capital of Marrakesh.[11]

The Almohad Caliphate represented a significant departure from prior religious policy, both in terms of Islamic law and the treatment of religious minorities. In matters of law, the Zahiri and Ashʿari schools were given preference, and the caliphs of the Almohad Caliphate were hostile to the Maliki school, which had been preferred by the Almoravids.[12] In the 12th century, laws were passed banning all non-Zahirite religious texts;[13] by the end of the century, such books were ordered to be burned.[14]

The Almohads abolished the practice of preferential treatment for "people of the book", ending the practice of jizya, which was replaced by a policy of forced conversion. Following a seventh month grace period,[15] most of the Jews and Christians in Morocco were forced to convert to Islam on pain of death,[16] or fled the country.[17] Many cases of Jews and Christians choosing to die as martyrs were recorded.[15] Converts were further treated with suspicion, and were forced to wear identifying clothing.[16]

The Marinid dynasty which followed the Almohad Caliphate represented a return to previous policies of religious tolerance.[18] Members of minority religions, particularly Jews, were appointed to high-ranking official posts in Morocco during this period. The end of the dynasty's rule, however, was punctuated by the 1465 Moroccan revolt, during which almost the entire Jewish community of Fez was killed.[19] During the reign of the Wattasid dynasty which followed, the Jewish population recovered significantly, as refugees fleeing the Spanish and Portuguese Inquisition settled in Morocco.[20]

The Saadi dynasty reimposed heavy taxes against non-Muslims, but also continued to appoint non-Muslims to positions of authority in Morocco. Local rulers, as well as general Arab society, were not always as tolerant, at times subjecting non-Muslims to harsh humiliations.[21]

Many of the sultans of the Alaouite dynasty appointed non-Muslims to positions of power, although as a consequence of various power struggles and succession crises, non-Muslims who were awarded with high appointments by one sultan were sometimes later singled out for punishment by his successor. The position of town consul in Morocco was held almost exclusively by Jewish merchants until 1875. Towards the end of this era, European powers extended "protection" to Jewish communities in Morocco, and then used this as a pretext to interfere in Moroccan politics. During the Spanish-Moroccan War of 1859, Jewish communities in Morocco were subject to pogroms.[22]

In 1864, Muhammad IV passed a royal decree granting equal rights to Jews. This decree, however, was largely ignored by local authorities. The following sultan, Hassan I, continued his predecessors' policies of tolerance.[22]

As the 19th century drew to a close, Morocco fell further under the control of European powers, particularly France and Spain. Following the Agadir Crisis, Morocco was divided into French and Spanish protectorates, which officially recognized Roman Catholicism, Judaism, and Islam as the three religions of Morocco. During this period, intellectuals in the nascent Moroccan nationalist movement tended to advocate for a secular state, favoring the separation of church and state and opposing the influence of religious authorities.[23] The popularity of these tendencies could be attributed first to French republican ideals such as laïcité, and later to the influence of Marxism in Moroccan nationalist politics.[23]

During World War II, Morocco was controlled by Vichy France, which attempted to deport Jews to concentration camps as part of the Holocaust. This order was blocked by Mohammed V, technically still the sultan of Morocco under the French protectorate. However, some Nazi race laws were still implemented despite Mohammed's protests, and he was forced to sign certain laws barring Jews from certain schools and government positions.[24]

Mohammed V would become the first king of independent Morocco following negotiations with France, establishing the country as a constitutional monarchy. A constitution was drafted during his reign, although it would not be ratified until 1962, after his death. This constitution re-established Islam as the state religion of Morocco, while also according Judaism a privileged status as an integral part of Moroccan society and nominally granting the freedom of religion to people in Morocco.[25]

Following the establishment of an independent Moroccan state by his father, Hassan II presided over a repressive regime known as the Years of Lead. While these decades were primarily known for their political repression, during the 1960s the Baháʼí Faith community in Morocco faced sharp persecution, with several Baháʼí sentenced to prison or executed for their faith.[26]

Mohammed VI has generally been described as more liberal than his predecessor, and has enacted reforms to improve the country's human rights record.[27] Among these is the introduction of civil law concerning divorce (as opposed to religious law).[28] Following the 2003 Casablanca bombings, Morocco engaged in a crackdown against Islamic extremists, arresting thousands, prosecuting 1,200, and sentencing around 900.[27] Religious minorities not specially recognized by the government, such as Christians and Baháʼís, continue to face obstacles to religious practice.[4] In 2016, a new press code was implemented, removing jail time as a potential punishment for insulting Islam (along with several other types of speech not related to religion), although these acts remain punishable by fines. This change is a reform of a press law implemented in 2002, also during the reign of Mohammed VI.[29] This press code, however, was undermined by further changes to the penal code, which effectively reinstated prison sentences for the charges.[30]

Morocco's Ministry of Endowments and Islamic Affairs oversees the content of sermons in mosques, Islamic religious education, and the dissemination of Islamic religious material by the broadcast media, actions it says are intended to combat violent extremism. The government restricts the distribution of non-Islamic religious materials, as well as Islamic materials it deemed inconsistent with the Maliki-Ashʿari school of Sunni Islam.[4]

Religious organizations for faiths other than Sunni Islam and Judaism are required to register with the government as associations in order to operate and own land. Shia Muslim groups have been prevented from registering, and Baháʼí Faith and Christian groups have forgone registration due to the belief that they would not be approved.[4]

A separate set of laws and special courts govern personal status matters for Jews, including functions such as marriage, inheritance, and other personal status matters. Rabbinical authorities administer Jewish family courts. Muslim judges trained in the country's Maliki-Ashʿari Sunni interpretation of the relevant aspects of sharia administer the courts for personal status matters for all other religious groups. According to the law, a Muslim man may marry a Christian or Jewish woman; a Muslim woman may not marry a man of another religion unless he converts to Islam. Non-Muslims must formally convert to Islam and be permanent residents before they can become guardians of abandoned or orphaned children. Guardianship entails the caretaking of a child, which may last until the child reaches 18, but does not allow changing the child's name or inheritance rights, and requires maintaining the child's birth religion, according to orphanage directors.[4]

The criminal code prohibits proselytization to Muslims, punishable by fines of 200 to 500 Moroccan dirham ($21 to US$53) and 6 months to 3 years of prison. Foreigners may instead be expelled from the country.[4] It is not, however, illegal for Muslims to convert voluntarily.[4] It is illegal to criticize Islam on public platforms, punishable by fines of up to 200,000 dirham (~US$21,000) and up to two years of prison.[4][30] Impeding people from worship is also illegal, punishable by fines and imprisonment. Muslims who break their fast in public without a religious exception during Ramadan can also be fined and imprisoned.[4]

A limited number of Arabic translations of the Bible were available for sale in a few bookshops for use in university religion courses. Authorities confiscated Bibles they believed were intended for use in proselytizing.[4]

In January 2017, the Ministry of the Interior banned the sale, manufacture, and import of burqas but did not make it illegal to wear them.[4]