Morocco Overview Table

MOROCCO1
OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES

(Updated as at 31 May 2017)
Description
Family Law Matter
Legislative Framework Case Law Policy Procedure Practice
Equality of spouses in marriage Morocco’s Constitution provide for Morocco has reser- According to the
equality between men and women vations on Article 29 2016 UNDP Human
Is there a Constitutional provision in a number of provisions includ- of the CEDAW. In Development
2
on equality and are there excep- ing: addition, Morocco Report, Morocco
tions? Are there specific laws that has the following ranked 123 on the
9
recognise marriage as a partner- • The Preamble which commits declarations UNDP Human
ship of equals i.e. are family laws the State to prohibit and com- Development Index
and/or other laws relating to mar- bat discrimination against an- • It is ready to meet and 113 on the
riage and family relations codified yone on several basis, includ- the provisions of UNDP Gender
10
or uncodified? If codified, what ing sex; Article 2 provided Inequality Index.
are the titles of all the applicable that they do not
laws? If codified, do these laws • Article 6 which guarantees conflict with the According to the UN
apply to all citizens irrespective of equality before the law regard- provisions of Economic and So-
religion? If not, do these laws ap- less of gender; Shari’ah; cial Commission for
ply to all Muslims or are there dif- Western Asia
ferent codified laws for different • Article 19 which provides for • It can only be (ESCRWA), about
sects within Islam? If uncodified, the equal enjoyment of civil, bound by the 17% of households
or if codified laws do not suffi- political, economic, social, cul- provisions of Arti- in Morocco are
11
ciently address a particular issue, tural and environmental rights cle 15(4) to the headed by women.
how is the issue addressed e.g. and freedoms by both men extent that they
what Muslim school of law is ap- and women. are not incompat-
plicable? Do these laws explicitly ible with the
state gender-stereotypical roles Article 32 of the Constitution Moudawana.
between husbands and wives e.g. states that the family is founded
the husband is the head of the on the legal ties of marriages and
1
This Musawah project to map Muslim Family Laws globally was led by Zainah Anwar and coordinated by Lead Researcher Sharmila Sharma, with substantive support
from Salma Waheedi and students at the International Human Rights Clinic, Harvard Law School. For this Morocco country table, we would also like to thank Houda
Zekri, Asma Lamrabet and Mida Zantout for their inputs in its preparation.
2
Preamble, Articles 6, 19 of Morocco’s Constitution (2011), https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en
1
household or the wife is the pri- declares family as the basic unit
3
mary caregiver? of society.
4
Applicable CEDAW Provision The Family Code (Moudawana)
Article 16(1)(c) is the main codified law that
Paras. 17-18 GR21 governs marriage and family
Paras. 54-55 GR29 relations of the predominantly
Muslim population in Morocco
5
regardless of their sect. In the
absence of codified laws that suf-
ficiently address a particular mat-
ter of personal status of Muslims,
generally, reference may be made
to rules of Maliki jurisprudence
(fiqh) and to judicial reasoning
(ijtihad) which “strive to fulfil and
enhance Islamic values, notably,
justice, equality and amicable so-
6
cial relations.”
The Moudawana provides for a

marital framework that is based
on equality between the two
7
spouses. Thus:
• Article 4 defines that marriage

is a “legal contract”, the pur-
9
United Nations Treaty Collection Website: https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-8&chapter=4&clang=_en
10
UNDP, “Human Development Report 2016”, Table 5, pp. 214-217, http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf
11
ESCRWA et al, “A Comparative Analysis of Gender Disparities in Arab Countries: A Study Based on Household Survey Data”, p. 29,
https://www.unescwa.org/sites/www.unescwa.org/files/uploads/general_final_escwa.pdf
3
Article 32 of Morocco’s Constitution (2011), https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en
4
Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
5
Article of the Family Code (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Information provided by Moroccan advocate, February 2017
6
Article 400 of the Family Code (Moudawana) (2004), http://www.hrea.org/programs/gender-equality-and-womens-empowerment/moudawana/
7
Articles 4, 51, 52 of the Family Code (Moudawana) (2004), http://www.hrea.org/programs/gender-equality-and-womens-empowerment/moudawana/
2
pose of which is “fidelity, virtue
and the formation of a stable
family under the supervision of
both spouses”;
• Article 51 stipulates the mutual

rights and duties between
spouses and they include: (i)
cohabitation, mutual respect,
affection and the preservation
of the family interest; (ii) both
spouses assuming the re-
sponsibility of managing and
protecting household affairs
and the children’s education;
(iii) consultation on decisions
concerning the management
of family affairs;
• Article 52 states that when

either spouse continually fails
to fulfil his or his obligations in
marriage, the other spouse
may compel the spouse to ex-
ecute the obligation or seek
divorce for irreconcilable dif-
ference.
Marriage and family relations of

Morocco’s non-Muslim minority
communities (e.g. Jewish) are
governed by their own family laws
(e.g. Hebraic Moroccan Family
8
Law).
8
Article 2 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
3
Minimum and equal legal age The minimum legal age for It is common for The Moudawana
for marriage marriage is 18 for females and judges to permit raised the minimum
males as per Article 19 of the girls and boys below age of marriage for
12
Is there a minimum age of mar- Moudawana. However, Article 18 particularly if girls from 15 to 18
riage? Are there exceptions to the 20, provides that the Family there is a pregnancy amidst fierce pro-
minimum age (e.g. min. age at 18, Affairs Judge in charge of involved. For in- tests by Conserva-
with exceptions to 16)? Is there marriage may permit girls and stance, there is a tive Muslim groups.
an absolute minimum age without boys below 18 to marry “in a well- reported case of a These groups ar-
exceptions? Is there equality in substantiated decision explaining 12-year-old girl ask- gued that the raising
the minimum age of marriage? the reasons justifying the ing a judge for per- of the minimum age
Does the minimum age of mar- marriage”, after having heard the mission to marry but for marriage would
riage match the age of majority? parents or legal guardian of the the female judge be a source of moral
18
Is there a minimum age verifica- minor with the assistance of refused, based on decay. Despite the
16
tion process before the marriage medical expertise or after having the girl’s age. A increase in the
13
is concluded? conducted a social enquiry. year later, the girl minimum age of
came back pregnant marriage, various
Applicable CEDAW Provision Article 21 of the Moudawana pro- and again asked for sources indicate that
Article 16(2) vides that the marriage of minor is permission. Be- the prevalence of
Paras. 36-39 GR21 contingent upon the consent of cause in Moroccan child marriages in
minor’s legal guardian and should culture it's very im- Morocco is relatively
the guardian refuse, the Family portant that a child high:
Affairs Judge may rule on the carry the family
14
matter. name of the father, • According to
the judge deemed it UNICEF’s 2016
The Moudawana does not necessary to recon- State of the
stipulate an absolute minimum sider her decision World’s Children
age below which a marriage may and ultimately legal- Report, 16% of
15 17
not be authorised. ised the marriage.
12
13
14
15
The Advocates for Human Rights and MRA Mobilising for Rights Associates, “Morocco”, Submission to the Committee on Economic Social and Cultural Rights for the
th
56 Session, 2015, para. 44, http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf
16
Information obtained from Moroccan advocate, February 2017
17
Jake Warga, “Has Morocco’s Family Code Shown how Gender Equality can Coexist with Islam in the Courts” , PRI, 18 May 2015, http://www.pri.org/stories/2015-05-
18/has-moroccos-family-code-shown-how-gender-equality-can-coexist-islam-courts
4
women aged 20-
24 in Morocco
were first married
by 18 and 3% by
19
15;
• According to the
Minister of
Justice in May
2014, the rate of
child marriages
has continued to
rise over the
recent years; the
Minister revealed
that the number
of cases of
marriage has
nearly doubled in
the past 10 years,
with 35,152
cases in 2013
20
alone.
• According to
information
compiled by Droit
& Justice, there
were more than
102,000
18
Leo Buskens, “Sharia and National Law in Morrocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and
Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), pp. 114-115,
https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1
19
UNICEF, “The State of the World’s Children 2016”, Table 9, pp. 150-153, https://www.unicef.org/publications/files/UNICEF_SOWC_2016.pdf
20
The Advocates for Human Rights and MRA Mobilising for Rights Associates, “Morocco”, Submission to the Committee on Economic Social and Cultural Rights for the
th
56 Session, 2015, para. 44, http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf
5
marriages of
minor girls in
Morocco between
21
2004 and 2014.
According to reports
by the National
Human Rights
Council of Morocco,
the World Bank and
civil society groups
as well as academic
research: the
reasons for the high
prevalence of child
marriages in
22
Morocco include:
• Entrenched
patriarchal
attitudes, along
with poverty and
lack of education;
• High and
increasing
number of
petitions for
21
Droit & Justice, “Women’s Rights in Morocco”, May 2017, p. 14
22
National Human Rights Council of Morocco, ‘Gender Equality and Parity in Morocco”, 2015, para. 6, http://www.cndh.org.ma/sites/default/files/cndh_-_r.e_-
_web_parite_egalite_uk_-.pdf; Paul Pretitore, “Ten Years After Morocco’s Family Code Reform: Are Gender Gaps Closing?”, (World Bank MENA Knowledge and
Learning Quick Notes Series, 121, 2014), p. 3, http://siteresources.worldbank.org/INTMENA/Resources/QN121.pdf; Girls Not Brides, “Morocco”, Child marriages around
the world, http://www.girlsnotbrides.org/child-marriage/morocco/; The Advocates for Human Rights and MRA Mobilising for Rights Associates, “Morocco”, Submission to
th
the Committee on Economic Social and Cultural Rights for the 56 Session, 2015, paras. 43, 45, http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-
Morocco-ESC-Shadow-Report-FINAL.pdf; Ann M. Eisenberg, “Law on the Books vs. Law in Action: Under-Enforcement of Morocco’s Reformed 2004 Family Law, the
Moudawana”, (Cornell International Law Journal, 44, 2011), p. 710, http://www.lawschool.cornell.edu/research/ILJ/upload/Eisenberg-final.pdf
6
authorisation of
child marriages
and their
approval rate. In
2007, 87% of the
33,596 petitions
seeking approval
for a child
marriage were
authorised. In
2011, 90% of the
46,927 petitions
seeking for the
approval of a
child marriage
were authorised,
with 99% of the
petitions involving
girls;
• Under-
implementation of
the law. For
instance:
- Judges often
issue an
authorisation to
marry minors
based on their
own visual
examination of
the minor girl’s
physical
appearance and
determination
that she is
7
capable of
assuming
“marital
responsibilities,”
rather than
resorting to the
required
expertise.
Reasons
provided by
judges for
authorising
underage
marriage
include saving
family honour,
avoiding
scandal,
protecting the
girl’s chastity
and preventing
her from
debauchery.
Some cite
marriage as a
solution to
poverty. At
times judges do
not even
substantiate
their decisions
in writing;
- Alleged
corruption
among public
actors and the
8
ease by which
medical
certificates
attesting to a
minor girl’s
“maturity” can
be obtained.
According to UN
World Marriage Da-
ta 2015, the average
age of first marriage
among Moroccan
females fell slightly
from 26.4 in 2004 to
26.3 in 2010/11.
During the same
period, the average
age of first marriage
among Moroccan
males remained
23
stable at 31.2.
Women’s consent to marriage Regardless of their age, both On 14 January A marriage contract According to a
prospective brides and grooms 2005, the First must contain the World Bank note, a
32
Is a marriage valid without the must consent to the marriage. Instance Court of following: 2009 household
woman’s consent? Is the practice Consequently, ijbar marriages are Rabat ordered the survey showed that
24
of forcing women to marry against prohibited. annulment of a • Mention of the 8% and 11% of mar-
their will (ijbar) prohibited? Is forced marriage judge’s ried women reported
there a standard marriage con- Article 4 of the Moudawana states between a teacher authorisation, its being forced by fam-
31
tract? If so, what are its broad that marriage is a legal contract and his student. number, its date ily to accept mar-
provisions and is there anything by which a man and a woman of issuance, and riage proposals in
particular in the contract that mutually consent to unite in a the number of the urban and rural
23
United Nations Population Division, “World Marriage Data 2015”, https://esa.un.org/ffps/Index.html#/maritalStatusData
24
Woodrow Wilson International Center for Scholars, “’Best Practices’: Progressive Family Laws in Muslim Countries”, 2005, p.17,
https://www.wilsoncenter.org/sites/default/files/Best%20Practices%20(English).pdf
9
ought to be highlighted on the common and enduring conjugal the marriage areas, respectively.
25
basis that it advances women’s life. document record In 67% of cases
rights or otherwise? Is it mandato- as well as the (70% in rural and
ry to register a marriage? Article 10 provides that the court where it 65% in urban are-
marriage is “legally concluded by was filed; as), the women’s
Applicable CEDAW Provision an offer expressed by one of the father was reported
Article 16(1)(b) parties and acceptance by the • The family to have forced her
33
Paras. 15-16 GR21 other, in any accepted expression names, first into the marriage.
Paras. 25-26, 33-34 GR29 from which the meaning of names, country
marriage is inferred verbally or or place of The Moudawana
conventionally” while Article 11 residence, place sought to eliminate
requires the offer and acceptance of birth and age, the practice of urfi
to be expressed in a congruent national identity marriages by mak-
26
and concurrent manner. card number or ing it compulsory to
its equivalent, register a marriage.
Article 12, read together with and nationality of However, according
Articles 63 and 64, provides for both spouses; to a Shadow Report
marriages that were concluded by the Advocates for
under duress or fraud to be • The name of the Human Rights and
annulled and the spouse who is marital tutor if MRA Mobilising for
the victim may demand required; Rights Associates
27
compensation. as well as infor-
• The offer and mation on the
34
Article 21 stipulates that a minor’s acceptance by ground:
guardian consent is expressed by the two
signing the marriage authorisation contracting • Urfi marriages
28
petition “along with the minor.” parties who frequently occur
exercise full in rural areas dis-
The mandatory registration of capacity and the tant from the pub-
marriages at the Family Court ability to choose lic administration.
31
32
25
26
Articles 10,11 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
27
Articles 12, 63, 64 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
28
10
records as well as the Civil Status and discern; They place wom-
office is provided for by Article 68 en in vulnerable
29
of the Moudawana. However, • In the case of situations when
non-registration of a marriage marriage by the “husband”
contract does not necessarily in- proxy, the name abandons them
validate the marriage. Article 16 of and national and their children
the Moudawana provides that if a identity card with no rights
marriage contract is not officially number of the stemming from
registered, when deciding wheth- representative, legal marriage;
er a marriage was in fact con- and the date and
cluded, the court is to take into place of • As an interim
consideration all legal evidence issuance of the measure, Article
and expertise, including the exist- marriage 16 of the Mou-
ence of children or a pregnancy delegation; dawana provided
from the conjugal relationship, a five-year grace
and whether the petition was • Mention of the period within
brought during the couple’s life- legal status of which couples
30
times. the spouse who who were married
has been unofficially before
married the Moudawana
previously; came into force in
2004 to officially
• The amount of register their mar-
the dowry in riage. The grace
cases where it period was sup-
has been posed to have
specified, ended in 2009.
33
Paul Pretitore, “Ten Years After Morocco’s Family Code Reform: Are Gender Gaps Closing?”, (World Bank MENA Knowledge and Learning Quick Notes Series, 121,
2014), p. 3, http://siteresources.worldbank.org/INTMENA/Resources/QN121.pdf
34
Article 16 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Information obtained from Moroccan advocate,
February 2017; Advocates for Human Rights, Morocco: Submission to the Committee on Economic Social and Cultural Rights (2015), para. 53,
http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf
29
Article 68 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; The Advocates for Human Rights and MRA Mobi-
th
lising for Rights Associates, “Morocco”, Submission to the Committee on Economic Social and Cultural Rights for the 56 Session, 2015, para. 53,
http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf
30
11
denoting any However, it was
amount paid in later extended to
advance or to be 2014 and again
paid in future to February 2019.
instalment(s), Feminist groups
and whether it (and many judg-
has been paid in es) have de-
front of nounced the mis-
witnesses or if use of Article 16
there is mere in this manner.
acknowledgeme With the exten-
nt; sions to the grace
period, Article 16
• Conditions has somehow
agreed upon by become a tool
both parties; for:
• The signatures - Men to take on

of both spouses a second wife
and the tutor without follow-
when required; ing the proce-
dure laid out in
• The names of the Moudawana
the two adouls to conclude a
(public notaries) polygamous
and each one’s marriage;
signature with
the date of the - Child marriag-
marriage es, particularly,
contract; in instances
where the child
• The is pregnant.
authentication of
the marriage
contract by the
judge affixed
with his seal.
12
Women’s capacity to enter into A prospective bride and groom According to a
marriage over 18 does not require the World Bank note,
consent of a guardian to enter into the percentage of
Is consent of a marital guardian marriage. A prospective bride and women signing their
(wali) required? If so, can a wom- groom below 18 require the own marriage
an choose her own wali? Can a consent of their guardians or a contracts in place of
woman go before a court or other judge to enter into marriage. male relative was
competent authority to seek per- only 21% in 2010,
mission to marry if her wali refus- Article 24 of the Moudawana mostly unchanged
39
es to consent to her marriage? states that marital tutelage is the since 2007.
Can a woman negotiate her mar- woman’s right, which she
tial rights prior to marriage and exercises upon reaching majority
can these rights be changed dur- (18) according to her choice and
35
ing marriage? If so, who can interests. At the same time,
change these rights and under Article 25 stipulates that a woman
what circumstances e.g. mutual has the capacity to contract her
consent? own marriage upon reaching the
age of majority (18). She may
Applicable CEDAW Provision contract her marriage herself or
Articles 16(1)(a), 16(1)(b) delegate this power to her father
36
Paras. 15-16 GR21 or one of her relatives.
Para. 34 GR29
Article 21 of the Moudawana
states that the marriage of a
minor is contingent on the
consent of her or his legal tutor. If
the minor’s legal tutor refuses to
consent, the Family Affairs Judge
37
may rule on the matter.
Under the Moudawana, both

spouses may stipulate any condi-
tions that confer a legitimate ben-
35
Articles 24, 209 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
36
Article 25, 209 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
37
13
efit to each of them in their mar-
riage contract so long as they are
not in conflict with the objectives
38
of marriage and the law.
Polygamous marriages A Muslim man may marry up to On 1 February According to a re-

four wives at one time. 2006, the Court of port by the National
Does the law prohibit polygamy or Appeal of Oujda Human Rights
impose strict conditions on such Article 40 of the Moudawana (File 05-645) Council of Morocco
practice? Is the permission of the prohibits polygamy when: (i) there accepted a as well as civil soci-
46
court required for a polygamous is the risk of inequity between the polygamy request ety reports:
marriage? Is the permission of an wives; or (ii) when the wife because: (i) the first
existing wife required for a polyg- stipulates in the marriage contract wife gave her • Official statistics
amous marriage? Is it necessary that her husband will not take consent; (ii) the first indicate that
40
to inform an existing wife of the another wife. wife had severe 0.29% of mar-
polygamous marriage? Are tem- renal failure; (iii) the riages contracted
porary marriages such as travel- Article 42 provides that in the court was of a view in 2007 were po-
er’s marriages (misyar) recog- absence of a stipulation by the that the husband, a lygamous. Ac-
nised? Is it necessary to register a wife in the marriage contract farmer, was able to cording to the
polygamous marriage? Can a precluding polygamy, the maintain two Ministry of Justice
44
woman stipulate in the marriage husband who wishes to enter into families. in a study entitled
contract that her intended hus- a polygamous marriage must “The Family Law
band cannot enter into a polyga- petition the court for authorisation. On 6 June 2006, the Jurisprudence:
mous marriage? The authorisation petition should Court of appeal of Reality and per-
include the exceptional and AlHuceima (File spective”, in
Applicable CEDAW Provision objective motives that justify the 2006/7/61) accepted 2014, 0.34% mar-
Para. 14 GR21 request, and attach a statement the polygamy riages are polyg-
47
Para. 34 GR29 on the applicant’s financial request of a man amous;
41
situation. who had maintained
39
Paul Pretitore, “Ten Years After Morocco’s Family Code Reform: Are Gender Gaps Closing?”, (World Bank MENA Knowledge and Learning Quick Notes Series, 121,
2014), p. 2, http://siteresources.worldbank.org/INTMENA/Resources/QN121.pdf
38
Articles 47-48 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
40
41
44
46
14
an illegitimate
Article 41 provides that the court relationship with the • Anecdotal evi-
will not authorise polygamy: (i) if prospective bride dence suggest
an exceptional and objective and had a son with that polygamy
justification is not proven; or (ii) if her. The first wife has regained
the man does not have sufficient consented to the popularity with
resources to support the two new marriage. two ministers
families and guarantee all freely admitting
maintenance rights, On 19 September their status as po-
accommodation and equality in all 2006, the Court of lygamists. One
42
aspects of life. Appeal of El Jadida minister was re-
confirmed the right ported have said
Articles 43 and 44 provide for the of the wife to her in an interview
concerns of the existing wife to be marriage annulment that, “It is certain-
heard. The court is obligated to because the ly easier than
summon the wife whose husband husband hid the fact having one ‘legal’
wishes to take another wife and to that he is already spouse and a
45
hold the hearing in a consultation married. mistress.”;
room in the presence of both
43
parties. • 43% of petitions
for polygamy au-
thorisations were
granted in 2010,
up from 40% in
2009;
• There are civil

society reports
describing how
_web_parite_egalite_uk_-.pdf; Droit & Justice, “Women’s rights in Morocco”, May 2017, pp. 4-5; Advocates for Human Rights and MRA Mobilising for Rights Associ-
th
ates, “Morocco”, Submission to the Committee on Economic Social and Cultural Rights for the 56 Session, 2015, paras. 50-54, http://www.tanmia.ma/wp-
content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf
47
42
43
45
15
rather than re-
quiring the peti-
tioner husband to
prove an excep-
tional and objec-
tive reason, judg-
es tend to grant
authorisations
based on the
man’s financial
situation alone;
• In practice, wom-
en rarely stipulate
monogamy
clauses in their
marriage con-
tracts. A review of
75,173 marriage
contracts in Mo-
rocco found that
only 87 contained
a monogamy
clause preventing
the husband from
taking another
wife;
• To circumvent the
requirements for
permission to en-
ter into a polyga-
mous marriage,
some men
change their city
to produce a celi-
bacy certificate. It
16
is also common
for men to use
unregistered mar-
riages (urfi) as a
means to circum-
vent the formal
system to enter
into a polyga-
mous marriage.
Rather than going
through the pro-
cess of petition-
ing for authorisa-
tion to take an-
other wife, men
have used the
procedure in Arti-
cle 16 of the
Moudawana
which allows for
the retrospective
recognition of
previously unreg-
istered verbal
marriage to take
another wife, par-
ticularly where
she is pregnant.
In other words,
they are claiming
a previously un-
registered verbal
marriage when in
fact it is a new
polygamous mar-
riage. Official sta-
tistics from 2004
17
– 2008 indicate
that the number
of judicial recog-
nition of verbal
marriages rose
from 6,918 to
23,390.
Divorce rights The Moudawana provides for four On 22 November According to a

different mechanisms for divorce: 2006, the Court of report by the
Is there equal right to divorce be- (i) repudiation; (ii) judicial divorce; Cassation National Human
tween women and men? Can the (ii) divorce through mutual (Judgement No. Rights Council of
husband divorce without reason consent; and (iv) redemptive 655, File charî Morocco, divorce for
48
and without having to go to court? divorce (khul’). 230/2/1/2006) held irreconcilable
What are the main forms of di- that coercion cannot differences is a
vorce? Can all forms of divorce be The Moudawana permits a man to annul the khul’ procedure that was
sought only through the courts? divorce his wife unilaterally which agreement unless meant to facilitate
Are the grounds for divorce the must be effectuated under judicial there is evidence women’s access to
same for the husband and wife? supervision. Articles 79-93 details that it took place at divorce without the
Is unilateral divorce by repudiation the procedure that must be the moment of the obligation to prove
(talāq) prohibited? If unilateral followed when seeking a divorce agreement. The harm. However in
divorce is not prohibited, what is through repudiation. The couple victim has a practice, the
the procedure i.e. is the presence have to undergo reconciliation deadline of one year procedure appears
of the spouse to be divorced re- attempts. If the reconciliation to denounce the to be serving some
55
quired, are witnesses required, attempts fail, the court will fix a coercion. other objective. On
does the spouse seeking divorce sum of money that the husband the one hand, cases
need to go to court, is the di- must deposit at the court within 30 On 10 September where men petition
vorced spouse informed of the days to discharge all vested rights 2008, the Court of for divorce for
divorce? Is the unilateral right to due to the wife and dependent Cassation irreconcilable
divorce delegated to the wife? If children. If the husband does not (Judgment No. 427) difference increased
so, is it by law or through the mar- deposit the court-ordered amount held that in a from 22% in 2005 to
riage contract? Is it mandatory to of money within the deadline, he divorce for the 44% in 2013. On the
register a divorce? is deemed to have renounced his irreconcilable other hand, many
intention to repudiate. However, differences, the judges consider
48
55
18
Applicable CEDAW Provision as soon as the husband deposits court takes into divorce for
Article 16(1)(c) the sum of money, the court consideration the irreconcilable
Paras. 17-18 GR21 authorises him to register the degree of differences as a
58
Paras. 34, 39-40 GR29 repudiation with the adouls (public responsibility of divorce for harm.
49
notaries). each spouse. In this
case, the court According to a civil
A husband may delegate his right considers as a proof society report, it
of repudiation to his wife, which the good will of the takes about six
she can exercise by petitioning husband to continue months for the
the court. The court will verify that his marital life by conclusion of the
the assignment of the right of summoning his wife divorce
repudiation as agreed upon by the to the “house of proceedings. This is
spouses are fulfilled, order that obedience” (bayt a marked
the couple attempt reconciliation ta’â). Her refusal is improvement from
and if reconciliation attempts fail, considered harmful the past. However, a
the court will authorise the wife to to the husband and woman still has to
petition for the certification of the gives ground to go to court
56
repudiation and rule on her vested indemnities. frequently to secure
rights, if appropriate. The maintenance for
husband cannot prevent his wife On 6 January 2015, herself and her
59
from exercising the right of the Court of children.
repudiation that he has previously Cassation
50
assigned to her. (Judgement No. 2,
File Charîi
Valid grounds for seeking judicial 469/2/1/2013) held
divorce by a wife include: (i) non- that indemnities in a
respect by the husband of one of divorce for
the conditions in the marriage irreconcilable
contract; (ii) harm; (iii) non- differences are
maintenance; (iv) absence; (v) calculated by the
latent defect; (vi) abstinence and judge on the basis
51
abandonment. In addition, the of the responsibility
wife and/or husband may petition of each partner in
49
50
51
19
the court for a divorce on the breaking-up the
ground of irreconcilable marriage. When a
52
differences. previous penal
judgement
Pursuant to Article 114 of the condemns the
Moudawana, the wife and the husband for
husband may petition the court for adultery, it is
a divorce by mutual consent with admissible as a
or without conditions, provided proof of his
that the interest of the children are responsibility of
not harmed. The couple will have ending the marriage
to go through a reconciliation even though the
process. If the process fails, the penal judgement is
53 57
court will authorise the divorce. not final yet.
The Moudawana permits a wife to

seek redemptive divorce (khul’),
whereby the wife is granted a
divorce in exchange for a mutually
agreed compensation to be paid
54
to the husband:
• If the spouses agree in

principle to a khul’ divorce but
cannot agree on the amount of
compensation, the case must
be brought before the court to
attempt reconciliation. If the
56
58
_web_parite_egalite_uk_-.pdf
59
52
53
54
Articles 115, 120 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
57
20
reconciliation attempt does not
succeed, the court will grant
the divorce in exchange for
compensation after fixing its
amount, taking into
consideration the amount of
the dower, the duration of the
marriage, the reasons for the
divorce petition and the
material situation of the wife.
• If the husband does not

consent to the khul’ divorce,
the wife may petition the court
for a divorce on the ground of
irreconcilable differences.
Women’s financial rights after Generally, upon divorce, in addi- On 13 December Morocco’s Mou- According to a civil
divorce tion to her delayed dower, a wife 2007, the Court of dawana requires the society report, due
60
may be entitled to: Appeal of two officials attend- to the short duration
Is there a legal concept of matri- Marrakech (No. 571, ing the marriage to of iddah
monial assets? Is there equal di- • Financial maintenance during File 07/315) held inform the parties of maintenance,
vision of marital property upon the waiting period after the that a former wife provisions permitting women without
dissolution of the marriage? Is the divorce (iddah). The iddah has the right to her the specification of a assets are
woman’s role as wife and mother period depends on the entire dower. As the property regime. particularly
recognised as contribution to the women’s situation e.g. husband could not This is designed to vulnerable to
acquisition of assets? What whether is menstruating or prove his payment address women’s financial distress
71
spousal maintenance are availa- pregnant and generally ranges of the dower, he had ignorance of the after a divorce.
ble to the wife after a divorce? Is from four months and 10 days to pay the amount possibility of negoti-
she entitled to maintenance dur- to one year; and that was agreed ating a property re- Based on reports by
70
ing the waiting period after the upon between the gime. the National Human
65
divorce (iddah)? Is she entitled to • A consolatory gift or two parties. Rights Council of
60
Articles 84, 132, 135 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
65
70
Muslim Institute, “Muslim Marriage Contract, Resources: Family Laws in Muslim Majority and Minority Contexts”, http://muslimmarriagecontract.org/laws.html
71
21
a consolatory gift or compensa- compensation (mu’tah), if the Morocco and civil
tion upon divorce (mut’ah)? Who husband divorce the wife On 23 July 2007, society, women find
is responsible for the financial through repudiation. The the Court of Appeal it difficult to secure
maintenance of children following amount is assessed based on of Rabat (No. 584, the financial rights
a divorce? Can the couple agree the length of the marriage, the File 126/2007) held (including child
to the division of assets acquired financial means of the that the previous maintenance) they
during marriage in the marriage husband, the reasons for the Court did not take are legally entitled to
contract? Can this stipulation be repudiation, and the degree to into consideration after a divorce. This
amended? If so, by who and on which the husband has that the marriage is due to the
what basis e.g. mutual consent? abused this right. has lasted for 19 difficulties in
years and thus the enforcing court-
Applicable CEDAW Provision There is no clear legal concept of consolatory gift ordered
Articles 16(1)(c), 16(1)(h) matrimonial assets. Pursuant to (mu’tah) has to be maintenance. A
Paras. 30-33 GR21 Article 49 of the Moudawana, increased to 16,000 survey conducted by
Paras. 34-35, 43-48 GR29 each spouse has an estate Moroccan the Ministry of
66
separate from the other. However, Dirhams. Justice and Liberties
Article 49 also provides the indicated that 50%
couple with the option of entering On 21 September of women who are
into a written agreement that is 2010, the Court of entitled to financial
separate from the marriage con- Appeal of Oujda maintenance and
tract on a property regime for the (File 623/2/1/2009) compensation
management, investment and held that the former reported that they
distribution of assets to be ac- wife has no right to do not regularly
quired during the marriage. In the a consolatory receive it while
absence of such agreement, it payment (mu’tah) in about a quarter said
remains at the discretion of the a divorce on the they have never
72
judge whether and how to divide ground of received it at all.
the property acquired during the irreconcilable
marriage by resorting to the gen- differences. Mu’tah According to a study
eral rules of evidence when as- compensation is by Association Mar-
sessing each spouse’s contribu- only given in cases ocaine de lutte con-
tion to the development of the of repudiation (talaq tre la violence à
61 67
family assets. or taliq). l’égard des femme
61
Article 49 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Leo Buskens, “Sharia and National Law in Mor-
rocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Neth-
erlands: Leiden University Press, 2010), p. 115, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1
22
funded by UN
Following a divorce, a father is On 22 January Women and
responsible for the financial 2013, the Court of information on the
73
maintenance of his children as Cassation ground, the use of
well as their accommodation. The (Judgement No. 62; a parallel contract to
amount of child maintenance is File Charîi govern the marital
assessed based on their standard 599/3/1/2012) held property is very low
of living and educational situation that the father can in Morocco. The
62
prior to the divorce. choose either to reasons are:
prepare a living
Generally, both daughters and place for his children • Couples feel em-
sons are entitled to maintenance or pay for it. In this barrassed to deal
until they turn 18 or if they are case, the father with these issues
pursuing their education, until insisted in paying while contracting
they are 25. In any case, since the family marriage;
maintenance paid to the daughter house was a shared
shall not cease until she can earn property and would • Lack of infor-
a living of her own or until her have been mation of women
maintenance becomes incumbent problematic to keep coming from dis-
upon her husband. The father the child under advantaged so-
shall continue to pay maintenance custody (hadanah) cial classes;
to children suffering from a of the mother living
handicap and unable to earn a there. The First • Difficulties for
63
living. Instance court’s women to find
decision of keeping men able to as-
In the event the father becomes the child and mother sume the family
wholly or partly unable to pay in the family house
66
67
72
_web_parite_egalite_uk_-.pdf; Droit & Justice, “Women’s Rights in Morocco”, May 2017, pp. 4, 6
62
Article 85, 168, 189-190, 198 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Leo Buskens, “Sharia and
National Law in Morrocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto
(Leiden, The Netherlands: Leiden University Press, 2010), p. 120, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1
63
Articles 198, 209 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Leo Buskens, “Sharia and National Law in
Morrocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The
Netherlands: Leiden University Press, 2010), p. 120, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1
23
maintenance to his children, and was wrong and not economic re-
the mother is affluent, the mother beneficial for the sponsibility;
68
becomes responsible for the child.
children’s maintenance in • Men’s fear from
proportion to the amount the On 20 January sharing their as-
64
father is unable to pay. 2015, the Court of sets with their
Cassation wives;
(Judgement No. 22,
File charîi No. • The weak posi-
580/2/1/2013) tion of women
confirmed a while contracting
previous decision marriage due to
that upheld the right lack of formal ed-
of a wife to ucation;
indemnity upon
proving that she • Difficulties in the
played an important implementation of
role in acquiring the Article 49 and the
69
marital house. inexistent notion
of placing a value
for domestic
work;
• While it is the
responsibility of
the two officials
attending the
marriage to in-
form the couple
of the option of
entering into a
73
Association Marocaine de lutte contre la violence à l’égard des femme, “Family Code in Morocco: Gender equality in the division of property”, 2008; Information ob-
tained from Moroccan advocate, February 2017
64
68
69
24
separate agree-
ment to govern
assets acquired
during the mar-
riage, the ab-
sence of sanc-
tions for failing to
do so highly limits
the practice in re-
al life.
Custody of Children During the marriage, both parents

have custodial rights over their
74
Do parents have equal rights over children. Upon a divorce, a
the custody of their children? If mother has priority right over the
no, who has priority right over the custody of her children (followed
custody of the child? Is custody by the father and then maternal
decided based on the best inter- grandmother) until the children
est of the child? Do mothers au- reach the age of 15. Thereafter,
tomatically lose custody upon re- the child may choose either the
marriage or if she is deemed dis- mother or father to be his or her
75
obedient or when the child reach- custodian.
es a designated age when custo-
dy goes to father? A mother risks losing custody of
her child if she remarries and her
Applicable CEDAW Provision new husband is not a close blood
Articles 16(1)(d), 16(1)(f) relative of the child or the child’s
76
Paras. 19-20 GR21 legal representative.
74
75
Articles 166, 171 of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Leo Buskens, “Sharia and National Law in
Morrocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The
Netherlands: Leiden University Press, 2010), p. 119, https://openaccess.leidenuniv.nl/bitstream/handle/1887/21170/file221087.pdf?sequence=1
76
Article 175(3) of the Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf
25
Guardianship of Children A father has priority right to guard- A mother cannot The National Human
ianship (tutelage) over his chil- travel outside the Rights Council of
Do parents have equal rights over dren. The mother may manage country with her Morocco in its first
the guardianship of their children? urgent affairs of the children in the children without the thematic report on
If no, who has priority right over event the father is prevented from permission from the the state of gender
77 79
the guardianship of the child? Is doing so. children’s father. equality and parity in
guardianship decided based on Morocco highlighted
the best interest of the child? A mother may assume guardian- the fact that mother
ship of her children if: (i) she is can only exercise
Applicable CEDAW Provision over 18; and (ii) the father is not their right to
Articles 16(1)(d), 16(1)(f) present due to his death, absence guardianship over
78
Paras. 19-20 GR21 or incapacity. their children under
very restrictive
conditions, despite
the fact that under
the Moudawana, if
the mother is “well-
off”, she has an
obligation to cater
for the children’s
80
needs.
Family Planning Article 51 of the Moudawana According to World

obligates spouses to consult one Bank data, the total
Do women require the consent of another on decisions concerning fertility rate
the husband to practise family the management of family affairs, decreased from 7.1
81
planning, including abortions and children, and family planning. children per woman
sterilisation in law or in practice? in 1960 to 2.5 in
83
Abortion is strictly prohibited 2015.
Applicable CEDAW Provision unless it is to save a pregnant
77
78
79
80
81
26
Articles 16(1)(e), 12 woman’s life or to preserve her According to the UN
82
Paras. 21-23 GR21 health. Population
Division’s 2015
Trends in
Contraceptive Use
84
Worldwide:
• 68% of married
women aged 15-
49 are using a
method of
contraception,
with women
mainly using a
modern method
(58%);
• 10% of married
women aged 15-
49 have an unmet
need for family
planning services;
and
• 75% of marriage
women aged 15-
49 had their
demands for
family planning
satisfied by
modern methods
of contraception.
83
The World Bank, “Fertility rates, total (births per woman)”, http://data.worldbank.org/indicator/SP.DYN.TFRT.IN
82
Centre for Reproductive Rights, “The World’s Abortion Laws”, 2014, https://www.reproductiverights.org/sites/crr.civicactions.net/files/documents/AbortionMap2014.PDF
84
United Nations Population Division, “Trends in Contraceptive Use Worldwide 2015”, Annex Table 1, pp. 36-42,
http://www.un.org/en/development/desa/population/publications/pdf/family/trendsContraceptiveUse2015Report.pdf
27
Personal rights of spouses Article 19 of the Constitution pro- According to World
vides for the equal enjoyment of Bank data, female
Does a woman need the consent civil, political, economic, social, labour force partici-
of her spouse or guardian to work, cultural and environmental rights pation decreased
choose a profession, leave the and freedoms by both men and from 27% in 1990 to
85 87
house, travel, drive, receive vari- women. 25% in 2016. Dur-
ous health services, study, etc. on ing the same period,
her behalf? Does a woman have Article 31 of the Constitution obli- male labour force
the right to retain her birth name gates the State to facilitate the participation also
upon marriage or to choose her equal access of all Moroccans to decreased from
88
family name? Can a woman pro- exercise, among other rights, their 80% to 74%.
86
tect her personal rights through right to work.
her marriage contract? According to the
2016 UNDP Human
Applicable CEDAW Provision Development
89
Article 16(1)(g) Report:
Para. 24 GR21
Para. 34 GR29 • 26% of women
over 25 have at
least some sec-
ondary education
as compared to
33% of men of
the same age
group;
• 94% of females
and 97% of
85
Article 19 of Morroco’s Constitution (2011), https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en
86
Article 31 of Morroco’s Constitution (2011), https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en
87
The World Bank, “Labour force participation rate, female (% of female population ages 15+) (modelled ILO estimate)”,
http://data.worldbank.org/indicator/SL.TLF.CACT.FE.ZS
88
The World Bank, “Labour force participation rate, male (% of male population ages 15+) (modelled ILO estimate)”,
http://data.worldbank.org/indicator/SL.TLF.CACT.MA.ZS
89
UNDP, “Human Development Report 2016”, Tables 5, 9, 12, 14, pp. 214-217, 230-233, 242-245, 250-253,
http://hdr.undp.org/sites/default/files/2016_human_development_report.pdf
28
males aged 15-
24 are able to
read and write a
short simple; and
• 64% of women
aged 15-49 con-
sider that a
husband is
justified in hitting
or beating his
wife for at least
one of the
following
reasons: if his
wife burns the
food, argues with
him, goes out
without telling
him, neglects the
children or
refuses sexual
relations; and
• 58% of women
are satisfied with
their freedom of
choice as com-
pared to 65% of
men.
Inheritance rights Generally, inheritance rights According to the

between women and men are National Human
Are women and men in the same unequal. A woman inherits half of Rights Council of
29
degree of relationship to a de- what a man in the same position Morocco, the
90
ceased entitled to equal shares in inherits. unequal inheritance
the estate and to equal rank in the legislation
order of succession? Are there The children of a parent who has contributes to
procedures to address any ine- predeceased their own parent (i.e. increasing women’s
qualities in inheritance between the children’s grandparent) can vulnerability to
92
women and men e.g. can a will be inherit from their grandparent poverty.
91
written, can beneficiaries agree to through an obligatory bequest.
inherit equal shares of the estate According to a me-
or can the children agree to forgo dia report, to over-
their inheritance in favour of their come the inequali-
mother upon the death of their ties in the share of
father? inheritance between
daughters and sons,
Applicable CEDAW Provision it is not uncommon
Paras. 34-35 GR21 for parents to gift
Paras. 49-53 GR29 their property to
their daughters
while they are still
alive. However,
once the property is
gifted, it becomes
irrevocable and the
parent can no longer
seek restitution. It
can also sometimes
cause a rift between
90
Leo Buskens, “Sharia and National Law in Morrocco,” in Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and
Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 120,
91
Article 369-372 of the Moroccan Family Code (Moudawana) (2004), http://www.hrea.org/wp-content/uploads/2015/02/Moudawana.pdf; Nadjma Yassari, “Intestate Suc-
cession in Islamic Countries”, in Comparative Succession Law: Vol. II: Intestate Succession, eds. Kenneth Reid, Marius de Waal, Reinhard Zimmermann, (Oxford:
Oxford University Press, 2015), Footnote 160, pp. 436-437; Leo Buskens, “Sharia and National Law in Morrocco,” in Sharia Incorporated: A Comparative Overview of
the Legal Systems of Twelve Muslim Countries in Past and Present, ed. Jan Michiel Otto (Leiden, The Netherlands: Leiden University Press, 2010), p. 120,
92
30
sons and the par-
93
ents.
Violence against women in the Article 22 of the Constitution The Government of According to a
94
family states that: Morocco has made Shadow Report by
contradictory state- the Advocates for
Are there laws that define what • The physical or moral integrity ments as to whether Human Rights and
constitute domestic violence such of anyone may not be in- or not marital rape is MRA Mobilising for
as battery, female circumcision, fringed in whatever circum- a crime. In Novem- Rights Associates:
103
marital rape and other forms of stance that may be, and by ber 2011 the Moroc-
sexual assault and violence that any party that may be, public can government
affect a woman’s mental health or private; declared to the • Available data
which are perpetuated by tradi- United Nations indicate a rela-
tional attitudes? Is there specific • No one may inflict on others Committee on Tor- tively high inci-
legislation that recognises domes- under whatever pretext that ture that marital dence of violence
tic violence as a crime? Is the may be, cruel, inhuman, or rape was in fact a against women in
husband allowed to discipline his degrading treatments or in- crime under the Mo- Morocco:
wife? Can a suspected perpetra- fringements of human dignity. roccan Penal Code.
tor marry his alleged abused vic- However, during a - A 2011 national
tim to avoid punishment? Are Morocco has not adopted specific meeting with an alli- study found that
there support services for women legislation to criminalise acts of ance of Moroccan 63% of women
who are the victims of aggression domestic violence. There is a NGOs in March aged 18-64 had
or abuses? draft law on violence against 2013, the Minister of been victims of
women (103-13 bill) but is still a Justice declared that some form of
95
Applicable CEDAW Provision work-in-progress. it was be impossible violence in
GRs 12 & 19 to criminalise marital 2009, with 55%
Para. 40 GR21 The 1962 Penal Code contains rape because “you of these acts of
some general prohibitions that can’t deprive a man violence being
may be applied to domestic vio- of what is rightfully committed by a
96 102
lence. These include the follow- his.” victim’s hus-
93
Reda Zaireg (translated by Pascale el-Khoury), “Morocco’s Inheritance Dilemma”, Al-Monitor, 9 February 2014, http://www.al-
monitor.com/pulse/culture/2014/02/morocco-debate-inheritance-law-women.html
94
Article 22 of Morocco’s Constitution (2011), https://www.constituteproject.org/constitution/Morocco_2011.pdf?lang=en
95
Human Rights Council Working Group on the Universal Periodic Review, U.N. Doc. A/HRC/WG.6/27/L.4 (2017), paras. 6.915, 6.197, https://www.upr-
info.org/sites/default/files/document/morocco/session_27_-_may_2017/a_hrc_wg.6_27_l.4.pdf
96 th
Advocates for Human Rights and MRA Mobilising for Rights Associates, “Morocco”, Submission to the Committee on Economic Social and Cultural Rights for the 56
31
ing: band and only
3% of the vio-
• Articles 404 and 414 that estab- lence being re-
lish spousal relationship as an ported by the
aggravating circumstance for wife;
sentencing purposes in assault
97
and battery cases; - A 2011 report
identified that in
• Article 446 of the Penal Code cases of vio-
which requires health workers to lence against
98
report suspected abuse; and women, the
perpetrator is
• Article 475 of the Penal Code the husband in
prohibits rapists from escaping eight out of ten
prosecution through marriage cases.
99
with underage victims.
• Available data
The Penal Code does not also shows that
specifically criminalise marital there is an overall
100 101
rape. acceptance of
domestic violence
and a distrust of
the justice system
that make it un-
likely that a victim
will report domes-
Session, 2015, para. 17, http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf

102 th
103 th
Session, 2015, paras. 15-16, 19-20, http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf
97
Articles 404, 414 of the Penal Code (1962), http://www.imolin.org/doc/amlid/Morocco/Morocco_code_penal_1962.pdf
98
Article 446 of the Penal Code (1962), http://www.imolin.org/doc/amlid/Morocco/Morocco_code_penal_1962.pdf
99
Article 475 of the Penal Code (1962), http://www.imolin.org/doc/amlid/Morocco/Morocco_code_penal_1962.pdf
100
Human Rights Council Working Group on the Universal Periodic Review, U.N. Doc. A/HRC/WG.6/27/L.4 (2017), paras. 6.32, 6.185, 6.195, 6.197, https://www.upr-
info.org/sites/default/files/document/morocco/session_27_-_may_2017/a_hrc_wg.6_27_l.4.pdf; Droit & Justice, “Women’s Rights in Morocco”, May 2017, p. 9
101
32
tic violence:
- One survey
found that
33% of re-
spondents be-
lieved that a
man is some-
times justified
to beat his
wife;
- Another study
found that of
those women
who have ex-
perienced
domestic vio-
lence, 68%
expressed a
distrust of the
justice sys-
tem.
• Barriers to
prosecuting
violence against
women include:
- The
requirement
that a victim
suffer injuries
that result in
more than 20
days of
disability in
33
order to bring
an assault
complaint;
- The
requirement
that a victim
meet a high
standard to
prove the
result of
violence i.e. a
physical
injury as
opposed to
the act of
violence
itself;
- The lack of
police powers
to intervene
immediately
in domestic
abuse cases
unless there
is an
imminent
threat of
death;
- The
lackadaisical
treatment of
cases
regarding
violence
34
against
women that
includes
lengthy
proceedings,
lack of
protection
measures,
attitudes
blaming the
victim, and
high rates of
cases closed
without
investigation
or follow-up
deter women
from
reporting and
prosecuting
violence.
According to Droit &

Justice, the 103-13
104
bill has been:
• Severely criti-
cised by feminist
and human rights
groups “due to
the absence of
exhaustive defini-
tions of some
forms violence,
the continuous
104
35
denigration of
women through
gender stereo-
types, as well as
the persistence of
certain obstacles
to access justice
and providing
services to vic-
tims.”;
• Approved by the
Government
Council but still
needs to be ap-
proved by the
house of counci-
lors.
Prior to its deletion

in February 2014,
Article 475(2) of the
Penal Code provid-
ed that whoever
“abducts or de-
ceives” a minor,
without using vio-
lence, threat or
fraud, can escape
prosecution and im-
prisonment if (i) the
abductor marries the
victim, and (ii) those
persons who have a
right to request an-
nulment of the mar-
riage do not file a
36
105
complaint. The
deletion of Article
475(2) was prompt-
ed by the public out-
cry that ensued as a
result of the suicide
of 16-year-old Ami-
na Filali who was
forced to marry her
106
rapist. The
amendment of Arti-
cle 475 of the Penal
Code appears to
have the unintended
consequence of
preventing rapes of
minors from coming
to the attention of
the police because
rather than reporting
the rape first, the
respective families
negotiate informally
the marriage be-
tween the victim and
107
her aggressor.
Nationality rights A Moroccan man may pass his The procedure by According to a
nationality to his non-Moroccan which a child born of World Bank report,
Does a wife have the right to con- wife, provided she meets various a Moroccan mother women can only
fer her citizenship on foreign hus- conditions. The law does not spe- and a non-Moroccan pass their nationality
105 th
106
Nora Fakim, Morocco Amends Controversial Marriage Rape Law, BBC News, 23 January 2014, http://www.bbc.com/news/world-africa-25855025
107 th
37
bands and children? Can the na- cifically provide for a Moroccan father is detailed in to children they
tionality of an adult woman be woman to confer her nationality to Public Service have with a non-
108
arbitrarily removed because of her foreign husband. website of the Moroccan husband
marriage or dissolution of mar- Moroccan if he is Muslim and
111
riage or because her husband or A Moroccan woman who marries government. they are married in
father changes his nationality? a non-Moroccan man does not accordance with the
112
automatically lose her Moroccan Moudawana.
Applicable CEDAW Provision nationality unless she renounces
109
Article 9 it.
Para. 6 GR21
Both a Moroccan mother and
father may pass their nationality
to their children regardless of
110
where they are born.
108
Article 10 of the Nationality Code (1958), http://www.refworld.org/pdfid/501fc9822.pdf; World Bank, :”Morocco: Mind the Gap – Empowering Women for a More Open,
Inclusive and Prosperous Society”, 2015, Table 4.2, p. 59, http://documents.worldbank.org/curated/en/798491468000266024/pdf/103907-WP-P144621-PUBLIC-Non-
BOARD-VERSION-Morocco-Gender-ENG-3-8-16-web.pdf; Delphine Perron, “Country report: Morocco”, EUDO Citizenship Observation, 2011, p. 15, http://eudo-
citizenship.eu/docs/CountryReports/Morocco.pdf
109
Article 19(3) of the Nationality Code (1958), http://www.refworld.org/pdfid/501fc9822.pdf; Delphine Perron, “Country report: Morocco”, EUDO Citizenship Observation,
2011, p. 15, http://eudo-citizenship.eu/docs/CountryReports/Morocco.pdf
110
Article 6 of the Nationality Code (1958), http://www.refworld.org/pdfid/501fc9822.pdf; Women’s Refugee Commission, “Our Mother land, Our Country: Gender Discrimi-
nation and Statelessness in the Middle East and North Africa”, 2013, p. 9,
https://www.womensrefugeecommission.org/images/zdocs/Our_Motherland,_Our_Country_final_for_web.pdf
111
Kingdom of Morocco, “Acquisition of a Moroccan citizenship: case of persons born in Morocco from a Moroccan mother and a foreign father”, https://goo.gl/qgznam
112
World Bank, :”Morocco: Mind the Gap – Empowering Women for a More Open, Inclusive and Prosperous Society”, 2015, Table 4.2, p. 59,
http://documents.worldbank.org/curated/en/798491468000266024/pdf/103907-WP-P144621-PUBLIC-Non-BOARD-VERSION-Morocco-Gender-ENG-3-8-16-web.pdf
38

Morocco Overview Table

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MOROCCO1

OVERVIEW OF MUSLIM FAMILY LAWS & PRACTICES

The Moudawana provides for a

• Article 4 defines that marriage

• Article 51 stipulates the mutual

• Article 52 states that when

Marriage and family relations of

• The signatures - Men to take on

Under the Moudawana, both

Polygamous marriages A Muslim man may marry up to On 1 February According to a re-

• There are civil

Divorce rights The Moudawana provides for four On 22 November According to a

The Moudawana permits a wife to

• If the spouses agree in

• If the husband does not

Custody of Children During the marriage, both parents

Family Planning Article 51 of the Moudawana According to World

Inheritance rights Generally, inheritance rights According to the

Session, 2015, para. 17, http://www.tanmia.ma/wp-content/uploads/2015/09/AHR-MRA-Morocco-ESC-Shadow-Report-FINAL.pdf

According to Droit &

Prior to its deletion

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