Islam, as the state religion in Morocco, establishes a family code based on rules that have been the subject of controversy by restrict the rights of women and children. For years, activists and human rights organizations have pushed for these rules to evolve, adapting to the principles of equality and justice. Now, for the first time in two decades, the North African country is reviewing its Family Code, with the aim of grant more rights to women on issues of custody, divorce and guardianship of children. However, the reforms maintain certain restrictions regarding the polygamy and discrimination in inheritances.
As revealed by Reuters, the draft reform of the Family Code, presented by the Minister of Justice and Islamic AffairsAbdellatif Ouahbi, includes more than 100 significant amendments. One of the most notable proposals is to allow women can express their opposition to polygamy in the marriage contract. If this clause is not present, the husband could still take a second wife under specific circumstanceslike the infertility of the first wife, as explained by Abdellatif Ouahbi.
On the other hand, the minister pointed out that the modifications propose simplify divorce procedures and consider the custody of children as a shared right between both spouses. It is also established that the divorced women they will be able maintain custody of their children even if they remarry. Furthermore, in case of death of one of the spouses, the other may preserve the marital homea measure that seeks to protect families from situations of vulnerability.
Marriage and inheritances: progress and limits
One of the most sensitive topics is underage marriage. Although the reform sets the legal age for marriage at 18 years, it establishes exceptions for minors under 17 years of agesubject to strict conditions that include the endorsement of a judge and one social research. This change seeks to limit these practices, which are very common in rural areas, although does not completely eliminate the possibility of child marriage.
In the field of inheritance, Morocco remains attached to the Islamic regulations that gives men twice as much as women. However, the reform allows people gift part of your assets to female heirs through donations or wills. This change, although limited, attempts to offer more flexibility in one of the areas where activists have pushed for full equality.
King Mohammed VI, the country’s highest authority, stated that the reform must be based on “the principles of justice, equality, solidarity and harmony” with universal values and Islamic precepts. However, the proposed changes have not been received uniformly. While some celebrate the progress towards greater protection of women’s rights, others criticize that the reforms do not definitively address fundamental problems such as polygamy or inequality in inheritance.
However, the revised Code, which has yet to be approved by Parliament, reflects a attempt to balance modernization demands with the religious and cultural traditions of the country. Although there is still a long way to go, the reforms represent a significant progress in the fight for the rights of women and children in Morocco.
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