Historic Reform: Morocco's Family Code Embraces a New Era

Tuesday 24 December 2024 - 16:29

A significant milestone in the reform of Morocco's Family Code was reached on Tuesday, December 24, 2024, with a government-led communication event. This initiative follows a pivotal meeting chaired by King Mohammed VI, where the groundwork was laid for drafting the final version of the law, as confirmed by Prime Minister Aziz Akhannouch.

Reform Driven by Visionary Leadership

Prime Minister Akhannouch expressed his honor in participating in this critical reform under the leadership of King Mohammed VI. He highlighted the collaborative approach guiding the process:

"I am honored to have been received, alongside ministers, by King Mohammed VI and to have attended the working session where His Majesty tasked the government with revising the Family Code. This reform draws on the recommendations of the committee overseeing the Moudawana revision and the input of the Council of Ulemas. We will formalize these directives into a draft law to present to Parliament for approval."

This long-anticipated reform, first initiated in 2004, represents a monumental step forward for Moroccan society. The reform is based on 139 proposals developed by the committee responsible for revising the Moudawana. These recommendations aim to align the Family Code with Morocco's evolving societal norms while respecting its legal and religious foundations.

Innovative and Ambitious Proposals

Justice Minister Abdellatif Ouahbi highlighted several groundbreaking proposals endorsed by the King, including:

Marriage will require formal documentation, with limited exceptions.
Moroccan expatriates can marry without the need for Muslim witnesses.
The legal marriage age is set at 18, with exceptions at 17 under strict regulation.
Polygamy will become illegal unless specific conditions imposed by the wife are met.
Equal inheritance rights for daughters, even minors, to promote equity.
Child custody will remain with mothers even after remarriage.
Couples of differing religions may use donations or wills to manage inheritance.
Amicable divorce will become a simplified contractual process, reducing judicial involvement.
Contributions from domestic work will be recognized in the division of marital property.

The Council of Ulemas and Alternative Solutions

The Higher Council of Ulemas has validated ten key proposals, including:

Recognizing domestic work as a contribution to marital assets.
Ensuring the surviving spouse's right to housing.
Mandating equal inheritance in compulsory succession for sons and daughters.

For more sensitive issues, such as inheritance between spouses of different religions or children born out of wedlock, innovative alternatives have been suggested. For instance, in cases where direct lineage conflicts with Islamic law, fathers may assume financial responsibilities for children without establishing legal filiation.

A Holistic and Modern Approach

This reform takes a comprehensive approach, incorporating changes to family court operations and judicial procedures to enhance efficiency. It aims to modernize Morocco’s legal framework while respecting the country's cultural and religious heritage.Prime Minister Akhannouch reaffirmed the government's commitment to swiftly implement these reforms, emphasizing their role in strengthening the rights of citizens—particularly women and children—while upholding Morocco’s core values.

Towards a Just and Equitable Society

With this historic reform, the Family Code is set to become a cornerstone of a fairer, more equitable, and modern Moroccan society. Guided by the enlightened vision of King Mohammed VI, this initiative marks a transformative chapter in Morocco's legal and social evolution.