In a significant development, Morocco has introduced extensive reforms to its family law, marking the first comprehensive review of the Moroccan Family Code in two decades. Unveiled by the country’s justice and Islamic affairs ministers, these reforms are aimed at expanding women’s rights, particularly in areas of child custody, guardianship, and polygamous marriages.
Among the notable amendments are changes to child marriage regulations, raising the minimum age for exemptions from 15 to 17 years. The reforms also propose granting shared parental guardianship both during and post-marriage. Additionally, divorced mothers would be granted the right to retain custody of their children even after remarriage. To address polygamy, stricter conditions will be imposed, necessitating the wife’s consent and limiting justifications to specific reasons, such as infertility or illness, as seen in a detailed review.
The legislative overhaul includes the establishment of non-judicial reconciliation and mediation bodies aimed at simplifying dispute resolution. The revisions also introduce modern electronic means for notifications and redefine child custody as a shared responsibility, alongside expanding housing rights for children under guardianship. New standards for expedited alimony and child support judgments are also part of these reforms.
Justice Minister Abdellatif Ouahbi highlighted that the reforms would address existing legal gaps, ensuring the alignment of Moroccan laws with international human rights conventions. With 139 proposed amendments covering various aspects from marriage documentation to inheritance, the reforms emphasize valuing a wife’s contributions to marital assets and extending inheritance rights to allow parents to donate assets to female heirs during their lifetime. Notably, it will permit wills and donations between spouses of different religions.
The legislative package has been presented before Parliament and now awaits approval. The reform initiative, driven by the directives of King Mohammed VI, seeks to achieve greater justice, equality, and solidarity while remaining within the framework of Islamic values and international human rights standards. Previous reforms, implemented 20 years ago, significantly expanded protections for women, including the right to file for divorce. However, women’s rights advocates have consistently called for further updates to strengthen these protections within the context of modern society, as noted in a Forbes report.