Morocco carried out a new modification of the Family Law that further restricts polygamy and prohibits the marriage of girls under 17 years of agebut has ruled out a demand for gender equality in inheritance as contradicting the precepts of Islam, although it has offered alternatives to guarantee more inheritance rights for women.
The new details of the expected reform of this law, called the Mudawana, were presented this Tuesday in a press appearance by the President of the Government, Aziz Ajanuch, and several members of his cabinet who described the new proposal as a “deep” review of the 2004 code.
The reform was ordered in September 2023 by King Mohamed VI of Morocco and after feminist and human rights groups in the country asked for a new revision of this law that guarantees parity and greater rights for women and girls.
The draft of the new reform was presented this Monday before the monarch by the body in charge of reviewing this regulation, made up of six members and headed by the country’s judicial authorities, which was carried out for six months. extensive consultations with civil society, academics, politicians and feminists in the countryamong others.
The proposal of the instance was later submitted by the monarch to the Superior Council of Ulema –highest religious authority in the country to give their approval but asked them to base their opinion on “the will for reform and openness to progress.”
The reform He also counted on the king’s arbitration to maintain a balance between the liberal and conservative factions of the country that had bitter debates on certain issues related to religion.
According to the details offered this Tuesday by the Moroccan Minister of Justice, Abdelatif Wahbi, the new proposals set the minimum age of marriage at 18 years but authorizes the marriage of a 17-year-old girl as an exception subject to conditionsand require the approval of the first wife of polygamy, which will also be reduced to two cases of the wife’s inability to get pregnant or an illness that prevents sexual relations.
The new reform also stipulates a legal guardianship of mothers over their minor children in the event of separation, in addition to the fact that it does not withdraw the parental authority and guardianship of women over their minor children if they remarry, two new devices that were among the main demands of women in the country.
On the other hand, the new proposal has ruled out some demands related to gender equality in inheritance by contradicting the Quran which dictates that “Male heirs receive twice as much as female heirs.”s”, or the recognition of the right to paternity affiliation of children born from an extramarital relationship.
Religion and Constitution
The Minister of Islamic Affairs, Ahmed Tawfiq, explained in his appearance that these two issues “contradict the religion and the Constitution” of the country and “destroy the family institution”; but he stressed that the Higher Council of Ulema offered alternatives to these issues to guarantee greater rights to the affected people.
These alternatives, according to Tawfiq, consist of oblige the biological parents of a child born out of wedlock to support him or her and guarantee inheritance rights through a gift or will.
Regarding inheritance, the Moroccan minister explains that the new revision of the Mudawana excludes the marital domicile from the inheritance, It considers the wife’s work within the home as a contribution to the development of the assets acquired during the marriage relationship, and allows parents to make donations or wills of their assets to their daughters.
These proposals must culminate in a bill that would have to be approved by the Government Council before being submitted to Parliament for its approval. vote before its implementation.
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