This post is also available in: Français (French) العربية (Arabic)
What does the Moudawana represent in Morocco?
The Moudawana is a set of laws governing family rights such as marriage, divorce, child custody, filiation, and inheritance. It is based on Sharia, the principles of Islamic law, and more specifically the Maliki rite.
First codified in 1958, it has since been revised three times. The 2004 reform initiated by King Mohammed VI is the most ambitious: for the first time, it freed itself from tradition and took on a modern approach in favor of equality between spouses in marriage. Polygamy was regulated, the legal age of marriage was set, and custody of children was granted to the mother.
What are the key points of this new reform?
This reform has been long-awaited and follows the landmark 2004 reform. It reflects the social developments of the last 20 years in Morocco. Below are the main points.
Marriage and divorce procedures have been simplified overall. For instance, the marriage certificate is now the only proof of the marriage bond, and amicable divorce will be the subject of a contract between the spouses, with no need for legal proceedings.
In the event of divorce, custody and guardianship of the children will now be considered an acquired right shared between the parents, even if the mother remarries. The divorced woman will therefore never lose custody of the children, as was previously the case. In addition, the management of assets acquired during the marriage will be revised, and this will take into account the work done by the woman in the home, considering it as a contribution to the assets acquired during the period of marriage. This is a new measure that will give greater support to divorced women.
Polygamy will be more strictly regulated. During the marriage ceremony, the wife will have to decide whether or not she will accept polygamy and will be free to oppose it. Polygamy will therefore be permitted on condition that the wife accepts it, or it would be justified by the wife’s sterility or an illness preventing her from fulfilling her marital duty.
Finally, on the question of inheritance, Islamic laws continue to apply. However, during their lifetime, men will be able to make whatever gifts they wish to their daughters. For the first time, such donations will also make it possible to bequeath property to a non-Muslim wife and to children adopted under the kafala system. In the event of the husband’s death, the wife will be entitled to keep the marital home: it will be impossible to evict a widowed woman from her home, regardless of the inheritance.
When will the reforms be implemented?
Following approval by the High Council of Ulemas, it was announced that a draft law would be drawn up by a commission composed of members of several ministries. Once drafted and approved, the law will then be transmitted to the House of Parliament before being submitted for royal signature. On average, it will take one year to be implemented.
What do Moroccans think of this new reform?
The Moudawana has been on everyone’s lips in Morocco since the new reform was announced. Many are voicing their dissatisfaction, particularly on social networks, where the debates are heated.
“Marriage is over, the Moudawana is going to discourage men from getting married,” “Marriage is more difficult, and divorce is easier,” “Moroccan women are going to become men”—these are the types of remarks being posted online. The Moudawana is being accused of all sorts of evils: it is said to be the cause of celibacy, corruption, and social imbalances. Every step forward for women’s rights is seen as a restriction of men’s rights.
Every step forward for women’s rights is seen as a restriction of men’s rights.
One reform in particular is being singled out and criticized: that of the joint custody of children, even if the mother remarries. “This is a point that will really upset men,” says popular content creator Mustapha Swinga in his latest video on the Moudawana. “They will have to accept seeing their child educated and cared for by another man, the husband of his ex-wife, while he continues to give her money.” A situation deemed unacceptable by many, who see it as a complication of marriage.
On the other hand, many women are rejoicing at these more egalitarian reforms, particularly with regard to the management of acquired assets in the event of divorce. Among them is Soukaina, a young divorced woman. “It is unthinkable for a woman who has devoted years of her life to the family home and raising children to find herself without any financial resources overnight following a divorce,” she explains in a lengthy Facebook post.
The Moudawana reforms are so divisive not least because they raise the eternal tension between tradition and modernity. The slightest change is perceived as an attack on religion by conservatives, while progressives criticize it for not sufficiently dissociating itself from religion. “The Moudawana should only be governed by the Quran and the Sunnah” is an opinion often expressed in vox pops recorded on the streets. Online, a petition which has so far gathered almost 10,000 signatures is circulating to get people to listen to the bill for this new reform.
A half-measure reform? What feminists think
The new Moudawana reform was based on a participatory approach, with a consultation process involving various feminist associations and several legislative debates that lasted two years. Expectations were high among feminist activists, who say they are “disappointed” by this text, deemed to be merely a partial reform. This view is shared by Latifa Jbabdi, founder of the Union of Female Action (UAF), Amina Lotfi, President of the Democratic Association of Moroccan Women (ADFM), and Nabila Mounib, Secretary General of the United Socialist Party (PSU).
“My first impression was one of bitter disappointment. We were expecting a reform based on the principle of equality. This reform is partial, not comprehensive,” Jbabdi insists in Tel quel.
Feminists are particularly calling for firmer adjustments on the questions of filiation, inheritance, and polygamy. For example, the law makes no provision for the affiliation of children born outside marriage. DNA testing, though scientific, is still not considered as proof of paternity, which exonerates men from their actions.
The question of inheritance also remains unequal for girls. It does not allow for the possibility of testamentary inheritance, even though this is mentioned in the Quran. And not only has polygamy not been abolished, it has even become justified in cases of sterility or illness, reducing women to their role of procreation.
“We defend equality for men, women, and the family,” says Nabila Mounib. “We ensure that religious principles are respected in their intentions.” An opinion shared by Amina Lotfi, who asks the Ulemas for more Ijtihad, taking into account modern issues and current socio-economic realities in Morocco.
