While Morocco’s proposed Family Code reforms have been met with praise and approval, some women’s rights groups say there’s still room for improvemeny.
Key issues include potential loopholes that could allow child marriage, limitations on women’s rights within the context of polygamy, the exclusion of DNA testing to establish paternity for children born outside of marriage, and the continued practice of “taasib”.
Child Marriage Concerns
One of the most contentious issues revolves around exceptions to the minimum marriage age for girls, which has been set at 18.
Critics argue that these exceptions, while intended to address specific circumstances, could potentially open loopholes that could facilitate child marriage.
The Women’s Coordination for Comprehensive Change condemned the continued allowance of child marriage in Morocco, saying that it’s a clear breach of international obligations.
“Despite official data showing women marry at an average age of 25 and men at 32, how can the encouragement of child marriage be justified?” the NGO said.
The Tahadi Association for Equality and Citizenship (ATEC) expressed concern over the provisions allowing the marriage of minors. While the minimum age for marriage for girls has been raised to 18, ATEC says that all exceptions to this rule should be eliminated.
ATEC says the draft Family Code to fully align with the provisions of the Moroccan Constitution, ensuring consistency and avoiding any contradictions
On the other hand, the Progress and Socialist Party praised the the setting of 18 as the minimum age for marriage, with a limited exception for 17-year-olds under specific circumstances.
The party said that this aligns well with its initial proposals.
Polygamy Restrictions and Islamic Law:
The family law reforms include provisions that allow women to explicitly prohibit polygamy within their marriage contracts.
The Women’s Coordination for Comprehensive Change says that the Family Code continues to favor men over women, granting them privileges that deny women their basic human rights.
“A prime example of this inequality is the continued allowance of polygamy,” the NGO says.
While the reforms allow women to stipulate in their marriage contracts that their husbands will not take other wives, they also permit polygamy in “exceptional” cases, such as infertility.
According to the NGO, this exception not only perpetuates a discriminatory system but also reflects a narrow and outdated view of marriage, reducing women’s roles primarily to procreation.
However, this has been met with resistance from thhe Justice and Development Party (PJD).
The party has expressed strong opposition to the proposed change that would require women to explicitly state their opinion on polygamy during the marriage contract registration.
The PJD says that the current marriage contract format is adequate and that this new requirement is unnecessary and inappropriate.
The party believes it would transform marriage contracts into rigid, non-negotiable agreements, unfairly limiting a woman’s autonomy.
The Moroccan Association for the Defense of Men, Victims of Domestic Violence, said that the new reforms, which require women to prove a medical condition preventing marital relations before a man can take another wife, are overly burdensome and difficult to meet.
They NGO added that these restrictions unfairly limit men’s right to polygamy, which they consider a fundamental right.
Paternity Establishment Challenges:
The Women’s Coordination for Comprehensive Change of the Family Law, which includes over 33 NGOs, said that that the refusal to implement DNA testing to establish paternity undermines the best interests of children born outside of marriage.
The NGO added that this stance directly contradicts the constitutional provision guaranteeing the protection of children’s rights in all circumstances.
The Democratic Association of Women of Morocco (ADFM) expressed disappointment over the exclusion of DNA testing as a means to establish paternity.
The ADFM emphasized the importance of scientific advancements and questioned why DNA testing, widely accepted in other legal contexts, is not permitted in this specific instance.
The Organization of Ittihadi Women (OFI) also criticized the rejection of DNA testing to establish paternity for children born outside of marriage.
The NGO says that denying the use of DNA tests disregards a biological and legal truth that could provide stability and dignity to these children.
The OFI says that including this measure in the ongoing reforms to the Family Code is paramount to the protection of children’s rights.
Taasib” Inheritance Practices:
The “taasib” practice, where distant male relatives inherit property over closer female relatives, has been widely criticized as outdated and unfair.
Critics say that this practice discriminates against women and perpetuates gender inequality in inheritance matters.
The Women’s Coordination for Comprehensive Change of the Family Law criticized the failure to reform inheritance laws.
The NGO criticized the continued use of “Taasib” which favors male relatives over female heirs. This practice, they argue, violates the rights of daughters and perpetuates gender inequality.
The AFDM has also condemned the ongoing practice of male-preference inheritance, which they say discriminates against women.
The association says that system treats women as having fewer rights than men, particularly when it comes to inheriting family property.
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