Almost twenty years following the previous reform in 2004, King Mohammed VI has instructed new amendments to the Moroccan family code, also known as the Moudawana.
The updated code introduces advanced regulations that encompass various aspects of Moroccan family life. However, given the evolution of Moroccan society and the substantial global changes that have occurred, a revision is now imperative.
Here are some of the past reforms that the Moudawana has undergone.
The 1958 Personal Status Code
With the notion of reforms on the horizon, independence marked a crucial turning point.
Upon gaining independence, Morocco embraced unified codes to regulate various aspects of society. A Moroccan judicial commission was responsible for crafting the Personal Status Code (PSC), which encompasses family matters, marriage, divorce, and inheritance. This code was officially introduced on January 1st, 1958.
As per the provisions of the PSC, Moroccan family dynamics operated under a patriarchal system, with parentage exclusively determined by the father’s name. This gender-biased framework continues to limit the role of women, keeping it relatively modest.
Article 1 of the PSC defines marriage as a formal legal union between men and women, with the husband assuming a guiding role. The PSC also grants men the right to practice polygamy, allowing a husband to have up to four wives without requiring the consent of his current spouse.
Additionally, the PSC established the minimum marriageable age at 15 years for girls and 18 years for boys, effectively ending the practice of forced child marriages. Moreover, it eliminated matrimonial constraints by making the consent of both men and women a mandatory requirement.
The Moroccan Personal Status Code limits a wife’s ability to initiate divorce proceedings, granting this authority primarily to the husband. Women can seek dissolution of marriage only on grounds of lack of support, abandonment, absence, or physical cruelty.
The final volume addresses the topic of inheritance in accordance with the principles of Sharia (traditional Islamic law).
The 2004 Moudawana
Following the amendment of the PSC, the Moudawana of 2004 bestowed numerous rights upon women within the family structure. It ensured women’s autonomy, granted them the right to initiate divorce, and established their right to child custody.
Within the updated Moudawana, women were permitted to include a “monogamy clause” in their marriage contracts, which prohibited their husbands from marrying additional wives. Furthermore, it mandated that men seek judicial approval for a second marriage, with the first wife’s mandatory presence.
Significantly, the legal marriage age was increased to eighteen, up from fifteen. However, Article 20 of the family code still permits the marriage of minors in cases with “valid reasons” after consulting the concerned parents and seeking medical and social expertise.
In 2019, the Minister of Justice revealed that 81% of requests for underage marriages were granted, underscoring the ongoing prevalence of the practice in Morocco.
The reform also tackled domestic violence by imposing more severe penalties on spouses who inflict harm on each other. Additionally, it placed a strong emphasis on punishing acts of sexual harassment.
In May 2023, Morocco’s Minister of Justice Abdellatif Ouahbi expressed his determination to pursue further reforms in the Moudawana, stating that it is “the final fight to end the exclusion and mistreatment of women, which has accumulated in our country for years.”
The news of impending reforms has ignited vibrant discussions among the younger generation on various social media platforms.
While some have expressed concerns that these anticipated changes might tilt the balance in favor of women, many are still looking forward to the potential of women’s rights being expanded, as calls are still ongoing for further expansions of reproductive freedoms and inheritance equality.
