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Rabat – King Mohammed VI chaired a working session at the Royal Palace in Casablanca to discuss the progress made in the revision of the family code (Moudawana). The meeting focused on ensuring a balanced and holistic reform that aligns with Islamic principles and meets modern social needs.
During the session, the Higher Council of Ulemas presented its opinion on the changes proposed by the committee tasked with reviewing the family code. The Minister of Endowments and Islamic Affairs, Ahmed Toufiq, said that the opinion of the Higher Council of Ulemas was in agreement with the majority of the 17 issues referred to them.
The changes still need to be reviewed and approved by the government and parliament.
Proposals approved by the council
The council supported several recommendations aimed at addressing contemporary social challenges, including:
• Allowing Moroccan expatriates to marry without the presence of two Muslim witnesses if it is impossible to meet this requirement.
• Granting legal guardianship of children to mothers with custody.
• Creating a new framework to recognize the contributions of a wife’s domestic work to the wealth and property accumulated during the marriage.
• Legal guardianship of children will be shared between both parents during and after marriage.
• Excluding the marital home from inheritance in the case of one spouse’s death.
• Divorced mothers will retain custody of their children even if they remarry.
• Marriage age is set at 18 for both boys and girls. With the only expectation being minors aged 17, but under specific, strictly controlled conditions.
• Wives must be asked if they object to polygamy during marriage documentation, with their decision noted in the contract. If a wife objects, polygamy is prohibited and in the case of no objection, polygamy is only allowed in exceptional cases, such as infertility, serious illness, or other justified reasons decided by the court.
• A non-judicial body will be created to mediate disputes, focusing on reconciliation and resolving issues related to divorce outcomes.
• Mutual divorce can be directly agreed upon by both spouses without court intervention and divorce and separation cases will be resolved within a maximum of six months
• Modern electronic methods will be used for notifications in divorce cases and representation by proxy will be allowed, except during reconciliation and mediation stages.
• Custody will be considered a shared right between parents during and after marriage and enhanced rules will be introduced for protecting children’s housing and regulating visitation or travel arrangements.
• New guidelines for calculating alimony based on transparent standards and improved procedures for faster enforcement of alimony rulings
• Legal measures will ensure courts supervise actions regarding minors’ assets, including those taken by guardians or trustees.
• Individuals can transfer property or assets to their daughters during their lifetime. This transfer can be symbolically recognized as legal ownership, ensuring inheritance rights are secured.
• Spouses of different religions are allowed to make bequests or transfer property to each other, since they cannot inherit from one another.
• Engagement contracts can now be documented and the marriage contract will be the only legal proof of marriage, with exceptions for rare cases requiring the acceptance of claims of marriage. There will also be stronger guarantees for marriage involving individuals with disabilities.
Proposals that were not approved
The council indicated that three proposals could not be reformed due to their direct relation to fixed religious texts, which do not allow for interpretation (Ijtihad). These include:
• The use of DNA testing to establish paternal lineage.
• The abolition of the “Taasib,” an inheritance rule in Islamic law that prioritizes male relatives, such as brothers or paternal uncles, to inherit in the absence of direct heirs.
• Allowing inheritance between Muslims and non-Muslims.
The council’s opinions were submitted for King Mohammed VI’s evaluation, with the monarch noting the need to balance Morocco’s religious principles with societal development to promote fairness and dignity for all citizens.
The Moudawana revision process began in September 2023 with the aim of addressing evolving social needs while respecting Morocco’s religious and constitutional framework.
