Morocco’s Family Code, or Moudawana, is undergoing its first major revision in 20 years, with proposed changes designed to strengthen women’s rights in areas such as child custody, underage marriage, and polygamy.
Minister of Justice Abdellatif Ouahbi outlined key provisions of the draft reforms at a press conference Tuesday.
Raising the Legal Marriage Age
The proposed reforms set the legal marriage age at 18 for both boys and girls, with Ouahbi, a critic of underage marriage, saying exceptions allowing marriage at 17 would be limited to exceptional circumstances.
“The eligibility for marriage is set at 18 full solar years,” Ouahbi said, adding that the amendments introduce the option to document engagements and reinforce the requirement that marriage be recognized only through a formal contract, with limited exceptions.
The draft also includes provisions to ensure equitable access to marriage for individuals with disabilities and simplifies the procedures for documenting marriage contracts. For Moroccans living abroad, marriages can proceed without two Muslim witnesses if their presence is not possible.
Changes to Custody and Guardianship
The reforms redefine legal guardianship and custody as shared rights between spouses during marriage and, potentially, after divorce if both parties agree. Ouahbi highlighted these changes as efforts to promote greater equality in family responsibilities.
Inheritance Reforms
Inheritance laws remain a contentious issue. While some feminist groups have advocated for equal inheritance rights, the Supreme Council of Ulema upheld that Quranic provisions on inheritance are unalterable. However, the council has permitted gifting assets to female heirs during a testator’s lifetime, provided symbolic possession is demonstrated.
The draft also allows bequests and gifts between spouses of different religions, which Ouahbi described as a “significant step toward inclusivity.”
Tightening Polygamy Rules
The reforms impose stricter conditions on polygamy. A husband must obtain his wife’s explicit consent, documented in the marriage contract, before marrying another woman. If no such stipulation exists, polygamy will only be allowed under strict conditions, including the first wife’s infertility, a medical condition preventing intimacy, or other exceptional circumstances approved by a judge.
King Mohammed VI’s Vision
King Mohammed VI stated that the revised code must reflect “justice, equality, solidarity, and harmony” with Islamic principles and universal values to safeguard Moroccan families.
The draft Family Code has been submitted to Parliament for review and approval.