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Jurist Morocco introduces family law reforms to expand women’s rights

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Dadparvar

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Nov 11, 2016
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Morocco’s justice and Islamic affairs ministers unveiled significant reforms to the country’s family law on Tuesday in Rabat, marking the first comprehensive review of the Moroccan Family Code in 20 years.

The initiative aims to expand women’s rights in child custody, guardianship, and polygamous marriages while addressing broader societal changes. Key amendments include raising the minimum age for child marriage exemptions from 15 to 17 and granting shared parental guardianship during and after marriage. Additionally, divorced mothers would be able to retain custody of their children even after remarriage. The reforms would impose stricter conditions on polygamy, requiring a wife’s consent and limiting cases to specific justifications like infertility or illness.

The ministers proposed creating a non-judicial reconciliation and mediation body to handle disputes, simplifying divorce processes, and introducing modern electronic means for notifications. The reforms also treat child custody as a shared responsibility, with expanded housing rights for children under guardianship. Alimony and child support estimations would follow new standards to expedite judgments.

The reforms additionally aimed to modernize legal language and mobilize specialized judicial resources. In total, 139 amendment proposals were presented, covering aspects from marriage documentation to inheritance. Justice Minister Abdellatif Ouahbi emphasized that the reforms address gaps in the judicial application of the current law, ensuring it aligns with recent international conventions.

A communication meeting was held on Tuesday to inform the public of the reforms, outlining the main amendments proposed. The meeting highlighted innovative proposals such as valuing a wife’s contributions to marital assets and opening inheritance laws to allow parents to donate assets to female heirs during their lifetime. A groundbreaking move would also permit wills and donations between spouses of different religions.

The introduction of these amendments followed the instructions of King Mohammed VI, who said the reforms are intended to emphasize justice, equality, and solidarity while aligning with Islamic values and universal human rights. This overhaul, described as a “substantial revision,” is expected to strengthen women’s rights and modernize family law while preserving core values in Morocco. The country’s family code was last reformed 20 years ago when the country significantly expanded protections for women, including the right to file for divorce. Women’s rights adovcates, however, have since claimed the family code needs additional amendments to strengthen these protections in modern society.

The legislation now awaits parliamentary and royal approval. King Mohammed VI, who initiated the reforms, supervises the process, ensuring wide participation and consultation with various stakeholders.

The post Morocco introduces family law reforms to expand women’s rights appeared first on JURIST - News.

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