Morocco’s Family Code Reform: An Analysis

This report analyzes the ongoing reform of the Moroccan Family Code (Moudawana), initiated by the high instructions of His Majesty the King in July 2022 to address the shortcomings in the implementation of the 2004 Code. Following the discourse of His Majesty King Mohammed VI, an official body has formulated 139 proposals for amendment, constituting a significant, though still incomplete, reform marked by notable advances.

Major Proposed Innovations:
- Quasi-absolute prohibition of child marriage: The proposed reform aims to raise the legal age of marriage to 18 to combat child marriage, addressing the issue of over 13,000 exceptional authorizations for underage marriages granted in a single year (e.g., 2020).
- Recognition of domestic work: A wife’s domestic work is recognized as a contribution to the assets acquired during the marriage, facilitating a more equitable division of property.
- Shared parental authority: The introduction of the concept of "shared parental guardianship" to reinforce equality.
- Protection of the family home: The family home is to be excluded from the inheritance estate to guarantee the family's legal security.
- Preferential custody for mothers: Exclusive custody rights are primarily granted to the mother.

The reform takes place in a context of a dual dynamic between Morocco's international commitments (CEDAW, the 2011 Constitution guaranteeing equality) and national specificities. This creates tension between religious references and universal rights. Persistent inequalities, particularly in matters of inheritance, continue to hinder women's economic emancipation.

While this reform represents significant progress, it remains a work in progress. Its success will depend on a strong political will to overcome resistance. The state's central role is crucial to ensure the effectiveness of these new rights, notably through monitoring mechanisms and public awareness.

In summary, this reform aims to reconcile tradition and modernity to build a truly equitable society. Its success depends on the ability to transcend divisions and firmly anchor the principles of justice and equality in Moroccan society.

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