Moroccan courts have just confirmed the recognition of a marital union despite the expiration of the legal regularization deadline. A major decision that relies on Islamic law to protect acquired rights and the children of this family.
The phenomenon of pages offering mediation services for "Fatiha marriage" or polygamy is taking on an unprecedented scale on social networks in Morocco. This situation has prompted a parliamentarian to officially question the Minister of Justice, Abdellatif Ouahbi, through a written question.
Two decades after the Moudawana of 2004, the new reform of the Family Code seeks to reconcile human rights and the Islamic framework. But the result, between ideological compromises and legal silences, reveals deep contradictions.
In Morocco, the issue of marital property in the event of divorce is problematic. The vast majority of women find themselves without economic protection after years of living together. The famous Article 49 is to blame.
The revision of the Family Code (Moudawana), initiated in 2022 on the instructions of King Mohammed VI, has reached a decisive stage with the presentation of the reform proposals on December 24, 2024. The draft text, which includes 139 modifications, incorporates several provisions aimed at addressing the specific issues of Moroccans residing abroad (MRE).
Article 49 of the Moroccan Family Code, adopted in 2004, governs the management of assets acquired by spouses during marriage. However, in the event of divorce, the application of this text reveals a legal void that generates difficulties in the distribution of assets, a situation that disproportionately penalizes women.
Amendments to the Moroccan Family Code (Moudawana) are being considered. Seven proposals for amendments, previously approved by the Supreme Council of Ulema, were presented in late 2024 to King Mohammed VI by the Minister of Habous and Islamic Affairs, Ahmed Toufiq. These proposals affect several aspects of family law, some of which affect Moroccans residing abroad (MRE).
In Morocco, single mothers continue to be victims of prejudice and discrimination. As proof, Moroccan law does not allow these women to request DNA tests to establish the paternity of their child.
Aziz Rabbah, in the context of the discussions on the reform of the Family Code (Moudawana), called for the implementation of measures to promote marriage and reduce cases of divorce.
The Moroccan Family Code is about to undergo substantial changes. This is what Ahmed Toufiq, Minister of Habous and Islamic Affairs, revealed on Tuesday, during a briefing at the Royal Academy in Rabat. The legal age of marriage and the conditions for polygamy are at the heart of these announced changes.
The Minister of Habous and Islamic Affairs, Ahmed Toufiq, presented this Tuesday in Rabat the proposals of the Supreme Council of Ulema relating to the revision of the Family Code. Three central issues were examined: polygamy, filiation and the right of preference (ta’sib), and decisions must be made by King Mohammed VI.
Women’s associations are up in arms against the reform of Abdelatif Ouahbi, Minister of Justice, imposing on women with higher incomes than their spouses to pay alimony to their ex-husbands after divorce.