Rabat – The Moroccan government has announced the creation of a specialized committee tasked with drafting the proposed reforms in the country’s family code, known as Moudawana.
The committee will include representatives from the Ministry of Justice, the Ministry of Islamic Affairs, and the Ministry of Solidarity, Social Integration, and Family, as well as the General Secretariat of the Government. These entities will collaborate to ensure the new draft aligns with the distinctive nature of the family code and intersects with other legislative frameworks.
Government Spokesperson Mustapha Baitas made the announcement on Thursday after a government council meeting chaired by Head of Government Aziz Akhannouch.
The drafting team will consist of legal, religious, and judicial experts, with the option to involve additional specialists when needed, Baitas said. He noted that the government is closely monitoring discussions surrounding the revision and is giving the matter significant attention during its weekly meetings.
Baitas added that the government remains committed to the proposals shared with the public last December. However, the minister clarified that questions and concerns about these proposals are premature, as the legal text is still being drafted.
The government also reiterated its respect for the Higher Council of Ulemas in the wake of criticism about its role in the review process. Baitas recalled that the council is “the only authority qualified to issue officially recognized fatwas,” noting that its recommendations are essential to the revision effort.
Read also: Approved Reforms in Morocco’s Family Code: What’s Changing?
He added that the government welcomes constructive feedback from scholars, researchers, political parties, and civil society to refine the Family Code. These contributions will aim to balance Morocco’s religious principles with its evolving social and legal context, he added.
Justice Minister Abdellatif Ouahbi shared the main proposed reforms for the Moudawana in a press conference in December. Proposals 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.
Reforms also include establishing a new law requiring the wife’s consent on whether she is okay with her husband practicing polygamy to be recorded in the marriage contract. If she objects to it, the husband would be prohibited from practicing it.
Among the proposed changes is the creation of a new framework that recognizes the contributions of a wife’s domestic work to the wealth and property accumulated during the marriage.
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.
