Divorce, polygamy… Morocco is set to introduce major changes to its Family Code, the Moudawana. After two years of consultations, Minister of Justice Abdellatif Ouahbi unveiled a series of proposals on December 24 aimed at strengthening the rights of women and children. However, this reform, which still needs to be validated by Parliament, deeply divides feminist activists and conservatives in the kingdom.
Divorce, polygamy, child marriage…
Among the key proposals are the prohibition of marriage for minors and stricter regulation of polygamy. From now on, marriage for minors, previously allowed from the age of 16, will be prohibited. However, an exception may be granted under strict conditions for young people aged 17 and above. Additionally, Moroccan women will be able to include a clause in the marriage contract prohibiting their husbands from contracting a second marriage.
However, polygamy has not been abolished, a major disappointment for feminist organizations. In the case of sterility or a serious illness that makes marital relations impossible, a man may still request permission to take a second wife, subject to a judicial decision.
In terms of divorce, significant advances have been proposed: the divorced mother will now retain custody of her children, even if she remarries. Furthermore, the right to guardianship, previously automatically granted to the father, could be shared between both parents.
A (still) patriarchal family code
While some points are hailed as “steps forward,” many activists express frustration with the reform, which they consider insufficient. Fouzia Yassine, a member of the executive board of the Democratic Association of Moroccan Women, laments: “This is not the comprehensive and radical reform we were expecting, even though there are some positive advances. The persistence of polygamy and the exceptions granted by judges for marriages of 17-year-old girls are unacceptable. The philosophy of the family code, based on patriarchy, has not changed.”
A reform torn between tradition and modernity
This revision of the Family Code takes place in a context where social reforms must contend with a strong religious reference. In 2004, a first amendment to the Moudawana marked a major turning point for women’s rights in Morocco. However, twenty years later, the amended text remains a compromise between feminist aspirations and religious principles.
On Monday, King Mohammed VI reaffirmed that this reform should be based on “the principles of justice, equality, solidarity, and harmony” with the values of Islam. A statement that underscores the desire not to break with traditions while supporting an evolution of rights.
Despite these adjustments, many activists believe the current reform does not meet the expectations of Moroccan women.
With amendments facing conservative resistance and unsatisfied feminist expectations, the bill will still need to overcome many obstacles before it can be adopted.