Morocco’s Family Code Faces Potential Reforms: King Holds Key Decision on Religious Orientations, Including Minor Marriages and Inheritance Laws
BY: Hana Saada
ALGIERS, January 3, 2024 – In response to a request from King Mohammed VI of Morocco, a committee has been formed to conduct consultations since late September for amendments to the Family Code. Among the highly controversial issues under discussion are the marriage of minors, equality in inheritance matters, guardianship rights for children, and even polygamy—a “development” eagerly awaited by Moroccan feminists.
In late September, the Moroccan authorities initiated consultations that lasted for six months to “reform” the Family Code, the country’s family law, after twenty years since the comprehensive reforms welcomed by civil society. However, these reforms are now considered insufficient, according to various Moroccan perspectives.
The new Family Code introduced notable changes in 2004, including joint responsibility for both spouses, a woman’s right to seek divorce, and restrictions on child marriages and polygamy.
Some analysts believe that the departure of Islamists from power in 2021 provided an opportunity for King Mohammed VI to resume relatively bold reform positions, aligning with the spirit of reform at the beginning of his reign, which garnered praise abroad and from various women’s associations.
While the 2004 law is considered a “historic” turning point for women’s rights in Morocco, it still has several flaws, and its most controversial aspects resurface regularly in public discourse.
Despite the constitutional principle of equality between men and women established in 2011, “there is still a lot of legal and institutional violence against women,” says lawyer and activist Ghizlane Mamouni, founder of the “How Mama How Papa” association.
Among the main demands of associations is putting an end to discrimination in inheritance matters, where a daughter is entitled to only half of what a son inherits, based on explicit and strict Quranic verses.
Attika Temjerdine from the Democratic Association for Moroccan Women tells AFP, “The marriage of minors is one of the most controversial issues because it embodies a striking aspect of legal discrimination and raises significant concerns.”
If the “Code” raised the legal age for a woman’s marriage to 18 (from 15), exceptions are common and, to an alarming extent, with “approval granted for nearly 85% of applications submitted between 2011 and 2018,” according to a study by the public prosecutor.
Easily circumventing restrictions on polygamy imposed in 2004 is also a concern. However, this practice represented only 0.3% of marriage certificates in 2022, according to the High Commission for Planning in Morocco.
Observers argue that judges and notaries retain a significant margin of maneuver in Morocco, allowing “conservatives” to maintain Islamic law outside legal standards, fueling corruption as these legal exemptions are often purchased.
Lastly, custody rights for children, automatically transferred to the father, pose another dilemma under current legislation, especially in cases of divorce, according to women’s rights advocates.
Therefore, a divorced mother must seek her ex-husband’s consent for basic administrative procedures concerning her child, such as school registration, travel, or medical treatment. If she remarries, she also faces the risk of losing custody starting from the age of seven if requested by the father.
“The issue of reforming family law goes beyond feminist struggles. When we talk about child marriages or guardianship, we are attacking the best interests of the child, protected by the Moroccan constitution and international treaties ratified by Morocco,” emphasizes Ghizlane Mamouni.
King Can Go Far Enough
Since King Mohammed VI’s speech in July 2022, calling for a “momentum of reform in line with the final designs of Islamic law and the specifics of Moroccan society,” reforming the Family Code has become a central issue in the country.
In the face of pressure from activists and liberals, Islamists continue to maintain a barrier by invoking strict interpretations of Islam, the state religion in Morocco. Conservatives, in particular, oppose the ban on practicing polygamy or even ending discrimination in inheritance matters.
In February 2023, the Islamic Justice and Development Party confirmed in a press release that the call for equality in inheritance represents a “threat to national stability, linked to what the inheritance system has entrenched in Moroccan society for more than twelve centuries.”
On the other hand, the Justice and Charity Movement, the main Islamic movement in Morocco, banned but tolerated by the royal authority, calls for “the sovereignty of Islamic reference” and rejects “any proposal that contradicts it.”
In this context, Ghizlane Mamouni responds, saying: “Unlike what happened in 2004, some feminist activists no longer hesitate to enter the debate on religion. It is ultimately a false debate because none of our demands are ‘haram’ (forbidden). From now on, we need political courage to push Morocco forward. We must achieve this equality in the law; this is the only way to change mindsets.”
Currently, a committee composed of the Minister of Justice and officials from judicial and religious institutions in Morocco is tasked with conducting consultations and preparing a “reformist” project within six months. This body received proposals from over a thousand associations, political parties, and official institutions at the end of November.
Ultimately, King Mohammed VI, the head of the Supreme Scientific Council—an organization monopolizing fatwas—will be responsible for determining the most divisive aspects of the upcoming “reform.”
Observers believe that “the king can go far enough.” “He has legitimacy because he is the one who enacts Islamic law in Morocco. Today, a significant part of society agrees with this reform, and Islamists are weak. Therefore, it is a moment that the palace considers appropriate to pass these egalitarian reforms.”
Dzair Tube Media Group
Dzair Tube has firmly established itself as a prominent player among Algerian digital news sites, offering a diverse and enriching content experience. The platform, available in Arabic, French, and English editions, captures the attention of a wide-ranging audience, amassing over half a million daily clicks.
A testament to its commitment to excellence, Dzair Tube received the prestigious President of the Republic’s Award for Professional Journalist in the Electronic Press category on October 22, 2022. This recognition underscores the platform’s unwavering dedication to upholding the highest standards of journalism.
With a significant online presence, Dzair Tube boasts 350,000 subscribers on YouTube, over five million followers on various Facebook pages, and 450,000 subscribers on Instagram. Its digital channel has become a hub for diverse programming, covering news, sports, entertainment, culture, and religion, catering to a broad spectrum of audience preferences.
Equipped with state-of-the-art studios and advanced technology, Dzair Tube’s digital channel has garnered substantial viewership for its varied programs. Hosting interactive discussions with influential figures across different domains, the platform actively fosters public discourse and engagement. Beyond news coverage, Dzair Tube extends its commitment to the production of marketing documentaries, short TV commercials, and high-viewership programs.
The success of the print edition of Dzair Tube’s sports newspaper, “Dzair Sport,” further highlights the platform’s impact, with over 50,000 daily downloads from the official Dzair Tube website.
Recently honored with the Media Leadership Award from the Minister of Communication, Mohamed Laâgab, Dzair Tube continues to shape the landscape of Algerian digital news, maintaining a position of influence and impact in the media industry.
