The most important family law applicable to Muslims in Morocco is the 2004 Family Code (Mudawana)[1]. This Code is regarded (along with the Tunisian Code) as relatively reformist compared to other such family law systems within the region in that, for example, it set the minimum legal age of marriage at 18 for men and women, established joint responsibility for the family among men and women, limited the terms of polygamy and divorce, and granted women more rights in the negotiation of marriage contracts.[2] It is based on the principles of the Maliki school of law within Sunni Islam. An unofficial English translation is hosted on the website of the women’s Learning Partnership here. The preamble to the Code states that one of its fundamental reforms is to:
Protect children’s rights by inserting provisions of international conventions ratified by Morocco into the Mudawana. Children’s interests with respect to custody are also guaranteed by awarding custody to the mother, then to the father, then to the maternal grandmother. Should this prove impossible, the judge will entrust custody to the most qualified relative. Furthermore, the child under custody is guaranteed suitable accommodation, separate from the other financial maintenance obligations, and cases concerning maintenance obligations must be settled swiftly within a one-month time limit.
After the adoption of the Mudawana, a new system of family courts was also set up to deal with family law matters and a training program for family judges was put in place.[3]
Some analysis of the Mudawana by The Centre for Public Impact can be found here.
On 22 August 2002, Morocco ratified the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the Child Protection Convention’). On 9 March 2010 Morocco acceded to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Morocco ratified the Convention on the Rights of the Child (CRC) in 1993. It has one reservation against Article 14, which provides for freedom of religion.
[1]Sherifyan Dahir (Royal Edict) n° 1.04.22 issued on 12 Dou Al Hijja 1424 (February 3, 2004) To implement Law n° 70.03 as the Family Code
[2]Wuerth, Oriana (2005). “The Reform of the Moudawana: The Role of Women’s Civil Society Organizations in Changing the Personal Status Code of Morocco”. Hawwa 3 (3): 309–333
[3]Harrak, Fatima (2009) “The History and Significance of the New Moroccan Family Code” Institute for the Study of Islamic Thought in Africa (ISITA) Working Paper Series, No 9-002. March 2009
Andrew Allen QC 