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Rabat – The Moroccan government has announced significant proposed changes to the country’s family code, known as Moudawana, with the aim of protecting family rights and enhancing gender equality.
During a press conference held today in Rabat, Justice Minister Abdellatif Ouahbi shared the main points of the upcoming reform after the approval of the Higher Council of Ulemas.
These changes include reforms on marriage age, legal guardianship, polygamy, divorce procedures, alimony, property transfer, custody, and inheritance.
Ouahbi said that “the contents of the Family Code revision aim to address some of the deficiencies and imbalances that have emerged during its judicial application.”
‘A new Moudawana for today’s Morocco’
The minister added that the ultimate objective is to create a new version of the family code that is “suitable for today’s Morocco, capable of responding to the societal developments it is experiencing, while ensuring the promotion of women’s status and rights, the protection of children’s rights, and the preservation of men’s dignity.”
The proposed changes include strengthening the rights of mothers by granting them legal guardianship (wilaya) of their children if they have custody, as well as ensuring that divorced mothers retain custody even if they remarry.
Currently, if a woman remarried, she would lose custody of her children. In addition, even when a woman has custody, she does not have guardianship, which means she is unable to make important decisions for her children, such as changing schools or obtaining official documents like passports.
In terms of polygamy, the new law requires the wife’s consent to be recorded in the marriage contract; if she objects, polygamy is prohibited. In addition, the law limits polygamy to exceptional cases, such as infertility of the first wife or her inability to engage in intercourse. While the law does not fully abolish polygamy, it aims to impose tighter restrictions.
Other notable changes include allowing Moroccan expatriates to marry without the need for two Muslim witnesses under certain conditions. In addition, the revision approved excluding the marital home from inheritance in the event of a spouse’s death. This means that, in this case, the surviving partner will have the right to keep the family home.
Read also: Approved Reforms in Morocco’s Family Code: What’s Changing?
The reforms enable individuals to transfer property to their daughters during their lifetime to secure their inheritance rights. This change aims to address concerns about “Taasib,” with parents of daughters often worried that their property will be claimed by other family members after their death. The new change helps parents transfer ownership while still alive to protect their daughters from losing their inheritance.
The revision also sets the minimum legal age for marriage at 18 for both boys and girls, with an exception only for minors aged 17 under strict conditions.
Speaking during the session, Ouahbi noted that these proposed changes still need to be reviewed and approved by the government and parliament.
He added that the committee tasked with the Moudawana revision, after completing its work within the specified timeframe, submitted a report to King Mohammed VI, divided into two parts. The first part covered “proposals related to the Family Code,” while the second part focused on “general proposals,” which, though not directly linked to the text of the code, are essential for its proper implementation.
In total, the committee presented 139 proposed amendments, covering all seven books of the Family Code, Ouahbi added.
The minister stated that the goal of the Moudawana revision is to “harmonize its provisions with the development and dynamism of Moroccan society, meet the requirements of sustainable development, and ensure compatibility with legislative changes, including international agreements ratified by our country.”
Also speaking during the session, head of the Moroccan government Aziz Akhannouch said that King Mohammed VI provided instructions regarding the principles that should govern the revision of the family code and his expectations in this matter.
“We will work diligently to translate these directives into a draft revision of the Code at the earliest opportunity, allowing it to be submitted to Parliament for ratification,” Akhannouch said.
