Parliament fall session opening: King Mohammed surveys reforms of the family law
Morocco, Politics, 10/11/2003

Morocco's King Mohammed VI announced a series of reforms to the proposed "Mudawana (Family law)" at the opening in Rabat Friday of the parliament fall session.

The king said he wanted to see to the adoption of a modern form of wording instead of that which undermines the dignity of women as human beings.

The reforms as surveyed by the king, are mainly meant to "make husband and wife jointly responsible for the family, to entitle women who have come of age to guardianship as a right, and to ensure equality between men and women by setting the minimum age for marriage at 18 years for both of them.

Concerning polygamy, the king said "(.) God made polygamy almost impossible from the Islamic legal point of view. Similarly, I have sought guidance from the pristine wisdom of Islam which makes it legally possible for a man to take a second wife, but only in circumstances beyond control. In addition, strict conditions must be observed and a judge's permission secured."

King Mohammed VI said the judge shall not allow polygamy unless he ascertains that the husband will treat his second wife and her children on an equal footing with the first, that he will provide the same living conditions for all, and that there is a clear and objective justification for polygamy. The woman has the right to impose a condition in the marriage contract whereby her husband will refrain from taking a second wife. Conditions also include that the second wife be informed that her husband-to-be is already married. Her consent must also be secured. The first wife shall have the right to ask for divorce because of harm suffered.

"As a token of my special concern for my dear subjects residing abroad, and in order to reduce the hassle they face to get marriage contracts processed, I have decided that the procedure shall be simplified. The marriage contract shall simply be drawn up in the presence of two Muslim witnesses, in accordance with the procedures in force in the country of residence, and shall then be registered with the relevant Moroccan consular or judicial authorities. In this regard, the Prophet, peace and blessings be upon Him, is quoted as saying: "Seek ease, not hardship." The reforms make the husband's right to resort to repudiation limited by specific restrictions and conditions designed to avoid misuse of this right. For this purpose, mechanisms for reconciliation and mediation, through the family and the judge, shall be strengthened, king Mohammed VI said. The sovereign expand the woman's right to file for divorce if the husband fails to observe any of the conditions in the marriage contract, or if he harms his wife through lack of financial support, abstinence, violence, or any other wrongful deed. This provision is in line with the general legal principle which advocates balance and moderation. Its aim is to promote equality and fairness between husband and wife. A provision allows divorce by mutual consent, under judicial supervision.

Other stipulations introduced are meant to further protect children's rights by making the provisions of the relevant international agreements ratified by Morocco, to protect the child's rights to acknowledgment of paternity in case the marriage has not been officially registered for reasons beyond control, to grant them the right to inherit from their grandfather, as part of the compulsory legacy.

Regarding the management, by husband and wife, of the property acquired during marriage, and while confirming the principle of separate estate for each one of them, the couple may agree, in a document other than the marriage contract, on how to manage the assets acquired jointly during marriage.

Previous Stories:
  No progress possible if women' rights are violated, says king   (10/11/2003)
  Visao: underlines King Mohammed's will to improve women's condition   (8/29/2003)
  New family code to be revolutionary, official   (3/11/2003)

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