Morocco gears up for family code reform

King Mohammed VI has called upon the Ministry of Justice, the Supreme Council of the Judiciary, and the Office of the Public Prosecutor to oversee a future reform related to the family code. 

This initiative is also expected to include the Supreme Council of Scholars and the National Human Rights Council. The proposed amendments resulting from these consultations will be presented to the King within six months before the government drafts a related law for parliamentary approval.

This is not the first time the king has called for a review of the family law. During his Throne Speech on July 30, he emphasized the need to address the shortcomings and negatives revealed by the practical experience of this law, which was last amended in 2004. 

In an interview with Hespress English, Zhor Alhorr, a former judge and former president of the Court of First Instance in Casablanca, stressed the importance of family as the foundation of society and said that when families are strong, society as a whole benefits. She commended the royal initiative and noted that Morocco is no longer isolated but is open to the world.

Regarding the call for reform in family law, she said that “since King Mohammed VI’s speech in 2022, there hadn’t been any initiatives to amend the family code. The King’s message serves as a reminder to officials to initiate this collaborative reform.”

Alhorr highlighted several areas of reform, including addressing child marriage by suggesting the removal of articles 20 and 21 that allow marriages under the legal age of 18. She said that practical implementation of these laws has shown breaches in marrying young girls who lack the maturity and responsibility for family life, emphasizing that girls under 18 should be in school.

Concerning the sharing of joint finances in marriage (article 49), Alhorr noted that in case of disputes, all finances are registered under the husband’s name, leaving the wife financially vulnerable even if she contributed to the marriage.

Alhorr also raised concerns about reconciliation in divorce cases, pointing out that “judges aren’t responsible for reconciliation but rather for dispute resolution.” She suggested that reconciliation processes should be outside the court’s jurisdiction.

In terms of child custody, Alhorr observed that after divorce, custody remains with the mother, but guardianship (kafala) stays with the father. She shared a case of a child who couldn’t attend school for a year because the father opposed the mother’s decision, highlighting the need for mothers to have full custody and guardianship over their children.

She addressed issues related to inheritance, particularly the practice of depriving daughters of their rightful share, and called for a reevaluation of these practices. She also added that it’s crucial to prove parentage through genetic testing.

Alhorr emphasized that these proposed reforms should align and reflect Morocco’s cultural and religious background, urging scholars and jurists to find new solutions to the challenges faced.