Morocco’s Family Code Reforms Ignite Controversy Over Marriage, Polygamy, and Inheritance

BY: Dr. Hana Saada

Algiers, Algeria | December 25th, 2024 — The Moroccan government’s proposed amendments to the Family Code have sparked an intense national debate, with critics and proponents clashing over revisions that touch on deeply rooted traditions surrounding marriage, polygamy, and inheritance. Unveiled by Minister of Justice Abdellatif Ouahbi, these proposed reforms are being heralded as a response to the country’s evolving societal dynamics but have also provoked strong backlash from segments of Moroccan society.

During a high-level meeting attended by government officials, parliamentarians, and members of the Supreme Council of Ulema, Minister Ouahbi emphasized that the amendments are grounded in recommendations from the council and aim to address judicial inconsistencies, align with international conventions, and reflect Morocco’s commitment to sustainable development. “These revisions are a significant step toward a modernized Family Code that aligns with Morocco’s contemporary values while preserving its cultural heritage,” he stated.

Controversial Reforms Spark Heated Debate

The reforms introduce significant restrictions on polygamy, requiring prior consent from the first wife and limiting such marriages to exceptional circumstances, such as infertility or severe illness, subject to judicial approval. Proponents of gender equity have applauded these changes, viewing them as a progressive step toward safeguarding women’s rights in a traditionally patriarchal society. Feminist groups argue that these measures represent long-overdue justice for Moroccan women.

However, opponents have decried the restrictions as an infringement on religious freedoms and cultural norms. Many have pointed to Islamic jurisprudence, which permits polygamy under specific conditions, asserting that the reforms contradict divine law. Prominent scholar Driss Idrissi criticized the limitations as “an unnecessary restriction on what Allah

has permitted,” adding that the rarity of polygamy in Morocco renders the restrictions redundant.

Inheritance and Property Rights Stir Controversy

One of the most contentious proposals concerns inheritance laws. The reforms seek to exclude marital homes from inheritance distribution, allowing widows to retain the family home, a move supporters claim addresses women’s vulnerabilities after the loss of a spouse. Feminist leaders have welcomed the initiative, arguing that it prevents widows from being displaced.

Conversely, religious figures and conservative factions have denounced the amendments, arguing they disrupt the Quranic principles governing inheritance. Scholar Qasim Akhilaat described the reforms as “a blatant violation of Sharia,” accusing the government of disregarding Islamic teachings in favor of secular values. Critics have also expressed concerns about excluding other heirs, such as mothers and siblings, from their rightful shares of property.

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