Major Reforms in Morocco's New Family Code

King Mohammed VI of Morocco held a session to discuss amendments to the Family Code, resulting in progressive changes endorsed by the Supreme Council of Ulema. Key approved amendments include protection of the marital home, extended custody rights, and recognition of domestic work, while rejecting proposals on genetic testing and interfaith inheritance.

HASSAN BENYOUB HASSAN BENYOUB
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Major Reforms in Morocco's New Family Code
King Mohammed VI during the review of the proposals for new developments in the Family Code

In a significant development for Moroccan society, King Mohammed VI presided over a working session at the Royal Palace in Casablanca to review proposed amendments to the Family Code. The Supreme Council of Ulema has approved several progressive changes while maintaining certain traditional Islamic principles.

Approved Amendments

The Supreme Council of Ulema has given religious approval to the following key proposals:

  1. Marital Home Protection: The marital home will no longer be included in inheritance, ensuring family stability after a spouse's death.
  2. Extended Custody Rights: Divorced mothers will retain custody of their children even if they remarry, prioritizing the children's well-being.
  3. Flexible Marriage Procedures: Moroccan expatriates can now conduct marriage ceremonies without Muslim witnesses if unavailable, facilitating unions abroad.
  4. Enhanced Legal Guardianship: Custodial mothers will be granted legal guardianship over their children, simplifying administrative matters.
  5. Recognition of Domestic Work: Wives' household work will be considered a contribution to marital assets, acknowledging their non-financial input.
  6. Immediate Spousal Support: Financial support for wives will be mandatory from the moment of marriage contract.
  7. Prioritized Marital Debts: Debts arising from the marital union will take precedence over other debts, reflecting the shared financial responsibility of spouses.

Rejected Proposals

The Council has, however, rejected three proposals due to their conflict with Islamic principles:

  1. Genetic Testing for Lineage: The use of DNA evidence to establish paternity has been declined.
  2. Inheritance Rule Changes: The Council refused to eliminate the traditional 'ta'sib' rule in inheritance.
  3. Interfaith Inheritance: The proposal to allow inheritance between Muslims and non-Muslims was rejected.

Implications and Next Steps

These reforms represent a significant step towards modernizing family law in Morocco while maintaining core Islamic values. The approved changes aim to enhance women's rights, protect children's interests, and adapt to the evolving needs of Moroccan society.

The Supreme Council of Ulema has entrusted King Mohammed VI, as Commander of the Faithful, to make final decisions on the rejected proposals, considering the greater good of religion and society.

As these reforms move forward, they are expected to spark continued debate and discussion among various segments of Moroccan society, balancing tradition with progress in family law.

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