Morocco’s family code amendments criticized for overlooking social realities

In the current discussion around reforming Morocco’s Family Code, university Professor Meryem Ait Ahmed stressed that Islamic jurisprudence calls for a holistic approach that upholds all Sharia-based family rights and responsibilities, including “a man’s duty to financially provide for his wife, children, and dependents like his mother and sisters after the father’s death.”

She explained that men are granted a double share of inheritance in Islam, reflecting their obligation to provide for their dependents, such as siblings and mothers, without leaving them in hardship after the father’s passing.

The scholar noted, “for Moroccan women, this issue is rooted in Islamic principles that uphold family solidarity through a holistic, unified Sharia-based approach, even in the absence of the father.”

Ait Ahmed pointed out that the proposed amendments to the Family Code “clearly focus on the rights of married women whose husbands own the marital home, ensuring they and their children have a dignified life after death or divorce.”

She argued that the proposals “fail to address the many Moroccan women who don’t fit this specific social situation. For example, they overlook married women living in rented homes if their husbands are absent.

The expert added that the amendments fail to consider the fate of a large group of unmarried women in Moroccan society and what will happen to them after their father’s death.

She went on to say that the amendments “don’t address the situation of the deceased husband’s mother, leaving her vulnerable to homelessness after being cared for by him during his life, without securing her right to live in her son’s home once the wife inherits the marital property,” questioning whether social justice can be achieved if some women are excluded while others are included.

The scholar pointed out that census data shows the percentage of unmarried women in Morocco, but it doesn’t address what happens to them when the father or brother is gone.

It also highlights families living in rental homes, yet doesn’t consider their situation when the husband dies or they divorce, particularly for those facing unemployment or poverty. Ait Ahmed emphasized the lack of protection for the rights of divorced women, widows, abandoned women, and single mothers.

The scholar emphasized that “discussing the proposed amendments without considering social realities will only fuel divisions within Moroccan families and undermine young people’s trust in marriage.”

She also highlighted that “our society’s values, rooted in Islamic ethics, emphasize family solidarity, with brothers caring for their sisters, mothers, aunts, and grandmothers.”

The researcher warned that “it’s not acceptable to view a specific situation in isolation, treating it as a one-size-fits-all solution for all women in different social contexts.”

The discussion concluded that “the current approach to amending the Family Code lacks a comprehensive, inclusive vision that addresses all women’s social situations to ensure balanced, future equality for the Moroccan family.”

It also noted that “social approaches in our society, rooted in family solidarity and cultural values, differ from those in societies that rely solely on state structures to protect family and child rights.”

Ait Ahmed stressed that “today’s aware Moroccan woman must consider the circumstances of all women, without bias, ensuring fairness for everyone.”

She emphasized the need for “a just, collective vision to strengthen “social harmony and prevent younger generations from rejecting marriage.”