Morocco’s Family Code reform pleases no one, especially women

Morocco‘s long-awaited family code reform has finally been unveiled, and the reaction has been one of resounding disappointment—among both progressives and conservatives.

On 24 December, Justice Minister Abdellatif Ouahbi and Religious Affairs Minister Ahmed Taoufiq—two men on opposite ends of the ideological spectrum—announced the draft reform of Moudawana after a year of consultations.

The new proposals seek to update laws regulating marriage, divorce, and inheritance but have disillusioned many.

“This is not the radical reform we were expecting, even if there are some positive advances,” said Fouzia Yassine of the Democratic Association of Women of Morocco. “The philosophy of the family code, based on patriarchy, has not changed.”

Polygamy and inequality are still legal

Among the proposed changes, marriage under 18 would be criminalised, but judges could still grant exceptions for 17-year-old girls—though the criteria for these exceptions remain unclear.

Shared guardianship of children would be introduced, replacing the current system that automatically grants guardianship to fathers. Divorced mothers would also no longer lose guardianship of their children if they remarry.

The new code also introduces a new framework for managing assets acquired during marriage, since the wife’s work at home is recognised as a contribution to the acquisition of assets. The draft doesn’t elaborate further.

However, the proposals fail to address deeply rooted gender inequities in inheritance.

The Higher Council of Ulemas (religion scholars) rejected a bid to abolish taasib, a rule derived from Islamic jurisprudence that forces female orphans without brothers to share their inheritance with male relatives, no matter how distant.

Calls for equality in inheritance were also dismissed, with religious authorities citing the Quranic verse, “God decrees a will for your children; the male gets twice the share of the female” (Surah An-Nisa, 4:11).

Instead, an alternative was proposed: allowing unlimited “donations” to female heirs, sidestepping the issue of equality altogether.

The National Human Rights Council (CNDH) found in a report in 2022 that inheritance inequality perpetuates poverty among Moroccan women.

The reforms also address polygamy, which is currently restricted but still permitted.

Under the new code, a man would need his wife’s consent to include polygamy in their marriage contract.

Yet, exceptions remain: men could still marry a second wife if the first is deemed infertile or ill—a clause that women’s rights group Kif Mama Kif Baba denounced as an invasion of women’s privacy and a violation of medical confidentiality.

The Higher Council of Ulemas has also deemed the DNA paternity test incompatible with the precepts of Islam.

“Our ulemas should also ban the use of smartphones to check prayer times or prevent pilgrims from flying to Mecca,” quipped Omar El-Hyani, a member of the Federation of the Democratic Left, an opposition party.

‘A reform written by men’

For feminist activists, the language and spirit of the draft maintains a patriarchal tone. The notion of “donations” in lieu of equal inheritance was particularly galling.

“There is nothing wrong with this new version because it was written by men in order to reaffirm their dominance and preserve their privileges,” said feminist activist Ibtissame Lachgar.

When the reform process began in September 2023, a photo of the all-male committee tasked with drafting the law sparked outrage.

While consultations were held with women’s rights activists, the final proposals were authored by the justice and religion ministers after consultations with Islamic scholars.

This dynamic echoes Morocco’s previous family code reform in 2003 when feminist voices were similarly sidelined.

Nouzha Guessous, an advocate of women’s rights, described her experience in the 2003 reform committee in her book, “A woman in the Country of Fuqaha“. She recalls how women advocating for equal inheritance during the consultations were accused of blasphemy.

Conservative pushback

Conservatives, meanwhile, have framed the reform as an attack on “men’s rights.”

Ahmed Raissouni, former president of the International Union of Muslim Scholars, lambasted the proposals, claiming they undermine men “before their marriage, during their marriage, after divorce, and after death.”

He went so far as to suggest that the reforms might eventually lead to a “Hindu solution,” where women would pay men a dowry to marry.

The Justice and Development Party (PJD), which initially opposed the reform, expressed satisfaction with the draft, praising its respect for Morocco‘s religious principles.

For women’s rights activists, this might be the key issue: Morocco‘s attempt to balance human rights with religious tradition. “True progress is impossible without a clear stance,” argues local group Kif Mama Kif Baba. 

The reform, initiated by King Mohammed VI in September 2023, must still pass through Morocco‘s legislative process, though no timeline has been announced.