Family Law Reform

In 2004, Morocco passed far-reaching and ground-breaking legislation that broadly protects the rights of women and children with significant emphasis on bringing family law in line with contemporary conditions while respecting Muslim law and customs.

  "How can society progress while women, who represent half the nation, see their rights violated as a result of injustice, violence and marginalization, notwithstanding the dignity and justice granted them by our glorious religion?"
-His Majesty King Mohammed VI of Morocco
Speech to the Opening Session of the Moroccan Parliament, October 10, 2003

·                     On April 27, 2001, King Mohammed VI appointed a multidisciplinary advisory committee, comprised of eminent Ulemas (religious scholars), thinkers, jurists, intellectuals, politicians and others, to review Family Law and present needed reforms.

·                     In his address to Parliament in October 2003, the King outlined fundamental reforms that were needed to elevate the legal status of women.

·                     The Moroccan government then began an education campaign to communicate the proposals to the public. The first step involved engaging Ulemas in debates to explain the interpretation of the new laws and their foundation in Koranic text, demonstrating that there is no contradiction between modernity and Islam. The second step consisted of holding public forums in mosques to outline the benefits brought to society by the reforms and to highlight the parallel aspects of the new Code and the basic rights already guaranteed by Islam to individuals, regardless of their sex.

·                     The reformed Family Code was approved by Parliament in January 2004.

·                     Equality: The family is now under joint responsibility of the husband and wife. The legal stipulation that the wife should obey her husband is rescinded. The minimum age for marriage for both men and women is now set at 18 years of age. Husband and wife are both able to exercise their right to seek a divorce. Grandchildren on the daughter's side are equally entitled to inheritance as those from the son's side.

·                     Divorce: Family courts and a family mutual assistance fund were established to contribute to the effective enforcement of Family Law. Provisions now allow women to initiate divorce; a husband must pay all monies owed to the wife and children before a divorce can be duly registered; a divorcing husband and wife must share property acquired during marriage.

·                     Children's Rights: The woman is able to retain custody of her children under a broader range of situations, including the event of remarriage or moving out of the area where her former husband lives. A child's right to acknowledgement of paternity when born out of wedlock is guaranteed.

·                     Polygamy: Stringent regulations make taking a second wife virtually impossible.

·                     Miscellaneous: A provision reaffirms that all Jewish citizens will continue to be governed by Hebraic Moroccan Family Law.

"The new Moudawana [Family Law] addresses the heart of this discrimination and, notwithstanding certain limitations and criticism, goes a long way toward remedying legal gender inequalities for Moroccan women. These changes could be precedent-setting for future legal reforms throughout the rest of the Muslim world, and set an example we should hope others will follow… Morocco's King Mohammed VI is to be congratulated for promoting an ijtihad from within Islamic traditions, its women leaders deserve praise for pushing the agenda and the parliament has done its part to make these reforms a reality."
-Amira Sonbol, Associate Professor of Islamic History, Law and Society
Georgetown University School
of Foreign Service

Background Information Expand
50 Year Human Development Report  

Report summary of the "50 Years of Human Development in Morocco, Perspectives to 2025." (PDF, March 2006)



Unofficial English translation of the 2004 Moroccan Family Law  
This unofficial English translation of the 2004 Moroccan Family Law (Moudawana) was prepared by Global Rights, a human rights advocacy group that partners with local activists to challenge injustice and amplify new voices within the global discourse.


Fact Sheet on Democracy in Morocco  
Fact sheet on Democracy in Morocco (PDF, April 2007)


“Morocco Adopts Landmark Family Law Supporting Women’s Equality” - Women's Learning Partnership (WLP) (Women's Learning Partnership (WLP) is dedicated to women's leadership and empowerment. WLP is a builder of networks, working with 18 autonomous and independent partner organizations in the Global South, particularly in Muslim-majority societies, to empower women to transform their families, communities, and societies.)
http://www.learningpartnership.org/advocacy/alerts/morocco0204

This unofficial English translation of the 2004 Moroccan Family Law (Moudawana) was prepared by Global Rights, a human rights advocacy group that partners with local activists to challenge injustice and amplify new voices within the global discourse.

http://www.globalrights.org/site/DocServer/Moudawana-English_Translation.pdf?docID=3106

A New Family Law in Morocco: “Patience Is Bitter, but Its Fruit Is Sweet” - a report by UNIFEM - United Nations Development Fund for Women


http://www.arabwomenconnect.org/docs/News_E_FamilyLawMorocco.pdf

“Moroccan judges address the new Family Code and women's human rights”- a report by the Human Rights Education Associates (HREA). (Human Rights Education Associates (HREA) is an international non-governmental organisation that supports human rights learning; the training of activists and professionals; the development of educational materials and programming; and community-building through on-line technologies.)
http://www.hrea.org/Rabat-training-Sep05.html