Morocco proposes family law reforms to enhance women’s rights
Morocco, in December, announced significant reforms to its family law, known as the Mudawana.
The reforms are aimed at enhancing women’s rights within the country.
Morocco’s proposed changes come after two decades without major revisions and are intended to address longstanding issues related to marriage, custody, and inheritance that have been highlighted by women’s rights advocates.
Key aspects of the proposed reforms
Legal marriage age: The legal age for marriage in Morocco will remain at 18 years; however, the minimum age for exemptions to this rule will increase from 15 to 17 years. This change is a response to calls for stricter regulations on underage marriages.
Child custody and guardianship: The new legislation proposes shared parental guardianship, which means that both parents will retain rights over their children even if they separate.
Additionally, divorced mothers in Morocco will no longer risk losing custody of their children if they choose to remarry. This marks a significant shift towards recognizing the role of mothers in child-rearing.
Inheritance rights: Currently, Moroccan women receive half the inheritance share compared to their male siblings, in compliance with scriptural provisions. The proposed reforms would allow unrestricted donations to female heirs, including minors, thereby improving their financial security and autonomy.
Polygamy regulations: While polygamy remains legal under certain conditionsin Morocco (such as infertility), the new amendments would require a wife’s consent before her husband can marry another woman. This aims to empower women in polygamous relationships and ensure they have a say in such decisions.
Divorce procedures: The reforms aim to simplify and expedite divorce processes while establishing joint custody arrangements for children post-divorce. Furthermore, provisions will be made for ensuring that the surviving spouse retains the marital home upon the death of one partner.
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These proposals were developed following two years of consultations with civil society groups and various stakeholders, including judicial and religious entities.
Morocco’s Justice Minister Abdelatif Ouahbi emphasized that these reforms are designed to align with both Islamic principles and universal values of justice and equality.
Although these reforms have been proposed, they still require parliamentary approval and ultimately need royal assent from King Mohammed VI before being enacted into law.
