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On Tuesday, Morocco introduced a set of proposed reforms to its family law, aiming to tackle long-standing issues such as restrictions on underage marriages and inequalities in women’s inheritance rights. Activists have long criticized the existing legal framework, arguing it fails to adequately protect women and girls in these areas.
Expanding on the revolutionary 2004 family law, which was widely praised for its progressive vision at the time, Justice Minister Abdelatif Ouahbi announced reforms that include raising the marriage age and increasing women’s custody rights, signifying a renewed push for gender equality.
After two years of discussions with civil society, judicial authorities, and religious representatives, the proposed reforms now await approval from both parliament and the monarchy. Yet, women’s rights groups in Morocco remain dissatisfied, arguing that the proposals fall short of achieving the complete equality they seek in areas like inheritance, custody rights, and a categorical end to child marriage.
According to Ouahbi, who laid out the reforms in a news conference in Rabat, the legal marriage age would remain 18, but the minimum age for exemptions — currently at 15 — would rise to 17.
Parental guardianship, previously granted automatically to fathers, would now be shared by both parents even if they separate, and divorced mothers would no longer risk losing custody of their children if they choose to remarry, Ouahbi said.
On inheritance, where Moroccan women currently receive half the share awarded by law to their male siblings, the reforms offer an alternative by allowing unrestricted donations to female heirs, including minors.
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Polygamy, while limited under the current family law, would still be allowed but subject to stricter rules that would require a wife’s consent before her husband can marry another.
The minister set no timeline, with the amended code still awaiting a legislative process. King Mohammed VI is expected to have the final say in any disputes over the new text.
The reform was ordered by the monarch in 2022, and a committee tasked with drafting the amendments was formed in September last year. It submitted its recommendations in March.
Known as “Mudawana”, Morocco’s family law was adopted in 2004 and was seen as progressive at the time even as women’s rights defenders have deemed it inadequate.
